Penn Central Transportation Co. v. New York City

438 U.S. 104 · Supreme Court of the United States · 1978

Property Assigned in 33 casebooks

Case brief summary

Rule

A law limiting property use only counts as a taking needing payment if it goes too far, based on lost value, remaining reasonable use, and whether it's a physical takeover versus normal regulation.

Facts

New York declared Grand Central Terminal a protected landmark, requiring upkeep and approval for changes. When Penn Central wanted to build an office tower above it, the city refused, though owners could sell unused building rights elsewhere.

Procedural history

Penn Central sued, claiming the landmarks law took their property unfairly. A trial court agreed, but New York's appeals courts reversed, ruling no unconstitutional taking occurred.

Issue

Does applying New York City's landmarks law to Grand Central Terminal count as the government taking private property, which would require the city to pay the owner for it under the Fifth Amendment?

Holding

The Supreme Court held that applying the landmarks law to Grand Central Terminal did not take Penn Central's property in the constitutional sense, so no payment was required.

Reasoning

The Court looked at the whole property, not just the airspace, weighing economic harm, effect on plans, and physical seizure. Since Penn Central could still earn reasonable returns and sell development rights, no taking occurred.

Opinions

Majority (Brennan): The landmarks law applied to Grand Central Terminal is a valid land use rule that leaves the owner a reasonable return, so it is not an unconstitutional taking.

Dissent (Rehnquist): The law singles out a few owners like Penn Central to bear a public benefit's cost alone, destroying valuable rights without fair payment in return.

Test yourself

Question 1 of 5

What development did Penn Central seek to build above Grand Central Terminal that the Commission denied?

4 more questions in the full brief →
Cold call

The professor turns to you.

What is the New York City Landmarks Preservation Law and how does it operate?
Try a cold call

In the full brief

The trap

On the exam

Other issues in this opinion

Unlock the full brief free