Case brief summary
If the government forces a property owner to permanently allow a physical object to occupy their property, that always counts as a taking requiring payment, no matter how small or beneficial it is.
Facts
A New York law made landlords let cable TV companies attach wires and boxes to buildings and limited the fee landlords could charge to a nominal amount set by a state agency.
Procedural history
A building owner sued claiming the cable installation was an illegal taking of her property, but New York trial and appellate courts, including the state's highest court, upheld the law.
Issue
Does a law requiring a landlord to permanently host a cable company's equipment on their building count as a taking of property that requires the government to pay compensation?
Holding
Yes, the permanent physical attachment of cable equipment to the building is a taking, so the owner must receive just compensation, meaning fair payment for the property used.
Reasoning
When the government permanently allows someone to physically occupy part of your property, it takes away your right to control that space. This is more serious than rules limiting property use, so owners must always be paid.
Opinions
Majority (Marshall): A permanent physical occupation of property by cable equipment installed under state law is always a taking requiring just compensation, no matter its size or public benefit.
Dissent (Blackmun): The majority wrongly creates a rigid automatic rule instead of weighing economic impact and public interest, when the tiny cable intrusion caused little real harm to the owner.