Loretto v. Teleprompter Manhattan CATV Corp.

458 U.S. 419, 102 S. Ct. 3164, 73 L. Ed. 2d 868 · Supreme Court of the United States · 1982

Property Assigned in 17 casebooks

Case brief summary

Rule

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.

Test yourself

Question 1 of 5

What physical objects did Teleprompter install on Loretto's building?

4 more questions in the full brief →
Cold call

The professor turns to you.

What were the facts that led Jean Loretto to sue Teleprompter and the City of New York?
Try a cold call

In the full brief

The trap

On the exam

Other issues in this opinion

Unlock the full brief free