![]() ![]() We have no reason to question that determination. The Court of Appeals determined that 828 serves the legitimate public purpose of “rapid development of and maximum penetration by a means of communication which has important educational and community aspects,” and thus is within the State’s police power. Because we conclude that such a physical occupation of property is a taking, we reverse. 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. Loretto lost in the state courts and requested Supreme Court review. Loretto considered the state law requiring her to allow cable companies to install and maintain their equipment in her building a “taking” that under the Constitution required compensation. The equipment provided service to units in the building (“noncrossover” connections) as well as to neighboring buildings (“crossover” connections). When she took possession she discovered that the Teleprompter Manhattan CATV Corporation had installed cable equipment in the building. Jean Loretto purchased a five-story apartment building in New York City. Under state regulations an apartment building owner was granted a one-time only payment of $1 when a cable company installed its equipment. Burger, O?Connor, Powell, Rehnquist, StevensĮffective January 1, 1973, Section 828 of the New York Executive Law provided that landlords must allow cable television (CATV) providers the right to install and maintain cable equipment in their apartment buildings.
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