![]() Teleprompter also installed two large silver boxes along the roof cables. By Jthe cable had been extended another 4 to 6 feet and cable had been run from the directional taps to the adjoining building at 305 West 105th Street." Id., at 135, 423 N.E.2d, at 324. The New York Court of Appeals described the installation as follows: "On JTelePrompter installed a cable slightly less than one-half inch in diameter and of approximately 30 feet in length along the length of the building about 18 inches above the roof top, and directional taps, approximately 4 inches by 4 inches by 4 inches, on the front and rear of the roof. ![]() and Teleprompter Manhattan CATV (collectively Teleprompter) permission to install a cable on the building and the exclusive privilege of furnishing cable *422 television (CATV) services to the tenants. The previous owner had granted appellees Teleprompter Corp. Because we conclude that such a physical occupation of property is a taking, we reverse.Īppellant Jean Loretto purchased a five-story apartment building located at 303 West 105th Street, New York City, in 1971. The New York Court of Appeals ruled that this appropriation does not amount to a taking. In this case, the cable installation occupied portions of appellant's roof and the side of her building. New York law provides that a landlord must permit a cable television company to install its cable facilities upon his property. ![]() This case presents the question whether a minor but permanent physical occupation of an owner's property authorized by government constitutes a "taking" of property for which just compensation is due under the Fifth and Fourteenth Amendments of the Constitution. JUSTICE MARSHALL delivered the opinion of the Court. Schwarz, Jr., and Leonard Koerner filed a brief for appellee City of New York. With him on the brief for appellees Teleprompter Manhattan *421 CATV Corp. Gruen argued the cause and filed briefs for appellant.Įrwin N. Decided June 30, 1982.ĪPPEAL FROM THE COURT OF APPEALS OF NEW YORK
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