![]() They were part of what could be described as a cable "highway" circumnavigating the city block, with service cables periodically dropped over the front or back of a building in which a tenant desired service. Initially, Teleprompter's roof cables did not service appellant's building. The cables are attached by screws or nails penetrating the masonry at approximately two-foot intervals, and other equipment is installed by bolts. 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. "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. ![]() The New York Court of Appeals described the installation as follows: Television (CATV) services to the tenants. and Teleprompter Manhattan CATV (collectively Teleprompter) 1 permission to install a cable on the building and the exclusive privilege of furnishing cable 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.
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