CaseCast™ – "What you need to know"
Brief Fact Summary. A New York law authorized a cable television company to install its components on the property of a landlord, who may not interfere with the installation and may not demand payment from any tenant for permitting CATV, or demand payment from any CATV company in excess of an amount found to be reasonable by the state, which is set at $1. The landlord may require the CATV company or the tenant to bear the cost of the installation and to indemnify for any damage caused.
Synopsis of Rule of Law. A permanent physical occupation authorized by government is a taking without regard to the public interests it may serve.
Issue. Did the actions of the CATV company, taken under the authority of the New York law, amount to a taking which requires just compensation?
Held. Yes. Judgment of New York Court of Appeals is reversed and case remanded.
A permanent physical occupation authorized by government is a taking without regard to the public interests it may serve.
The historical rule that a permanent physical occupation of another’s property is a taking has more than tradition to commend it. Such an appropriation is a serious invasion of a property owner’s interest.
The size of the area occupied under the taking is not important in this context.
In short, the principle of accommodation announced in Babcock is limited to labor organization campaigns, and the yielding of property rights it may require is both temporary and minimal.View Full Point of Law