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LORETTO v. TELEPROMPTER MANHATTAN CATV CORP.

No. 81-244.

458 U.S. 419 (1982)

102 S.Ct. 3164

73 L.Ed.2d 868

LORETTO v. TELEPROMPTER MANHATTAN CATV CORP. ET AL.

Supreme Court of United States.

Decided June 30, 1982.

Attorney(s) appearing for the Case

Michael S. Gruen argued the cause and filed briefs for appellant.

Erwin N. Griswold argued the cause for appellees. With him on the brief for appellees Teleprompter Manhattan CATV Corp. et al. was Michael Lesch. Frederick A. O. Schwarz, Jr., and Leonard Koerner filed a brief for appellee City of New York.*

JUSTICE MARSHALL delivered the opinion of the Court.

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. New York law provides that a landlord must permit a cable television company to install its cable facilities upon his property. N. Y. Exec. Law § 828...

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