Loretto v. Teleprompter Manhattan CATV Corp. — Quick Summary

Loretto v. Teleprompter Manhattan CATV Corp.

458 U.S. 419 (1982)

In Brief

Loretto v. Teleprompter Manhattan CATV Corp.

Key Issue

Does a New York law that requires a property owner to permit the installation of cable television facilities on her building constitute a 'taking' under the Fifth and Fourteenth Amendments requiring just compensation?

The Rule

A permanent physical occupation authorized by the government is a taking that requires just compensation under the Fifth Amendment’s Takings Clause.

Bottom Line

Yes, the Court held that a permanent physical occupation of private property authorized by government is a taking, per se, requiring just compensation.

Why It Matters

Loretto v. Teleprompter is essential for understanding the scope of the Takings Clause, specifically distinguishing between physical takings and regulatory ones. It reinforces the protection of property owners from government actions that authorize permanent physical invasions, ensuring compensation for such intrusions. Law students should note the decision's emphasis on the right to exclude as a fundamental aspect of property rights.

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