Note sull'episodio
Penn Cent. Transp. Co. v. New York City, 438 U.S. 104 (1978)
Full notes and cites: https://opinion-of-the-court.pages.dev/ep/021-penn-central-transportation-co-v-new-york-city
Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep438/usrep438104/usrep438104.pdf
Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.
Grand Central Terminal was designated a landmark under New York City's preservation law. Its owner, Penn Central, leased the air rights to a developer who planned an office tower of more than fifty stories on top of the terminal, designed by Marcel Breuer. The city's Landmarks Preservation Commission rejected both versions of the plan, and Penn Central argued the city had taken its property without just compensation.
Justice Brennan, for a six-to-three majority, held there was no taking. He admitted the Court had never found a set formula, and instead described an ad hoc, factual inquiry focused on the economic impact of the regulation, its interference with distinct investment-backed expectations, and the character of the government action. Those three factors still decide most regulatory takings cases.
Justice Rehnquist, joined by Chief Justice Burger and Justice Stevens, dissented, arguing that a few owners were being forced to bear a cost that should fall on the whole public.
Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.
Cases named aloud
- Armstrong v. United States, 364 U.S. 40 (1960) at 49 [as printed: Armstrong v. United States, 364 U. S. 40, 49 (1960); Dissent (Mr. Justice Rehnquist)] (episode link pending)
- Gold-blatt v. Hempstead, 369 U.S. 590 (1962) [as printed: Goldblatt v. Hempstead, 369 U. S. 590 (1962); Dissent (Mr. Justice Rehnquist)] (episode link pending)
- United States v. Central Eureka Mining Co., 357 U.S. 155 (1958) at 168 [as printed: United States v. Central Eureka Mining Co., 357 U. S. 155, 168 (1958); Opinion of the Court (Mr. Justice Brennan)] (episode link pending)
- Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922) at 415 [as printed: Pennsylvania Coal Co. v. Mahon, 260 U. S. 393, 415 (1922); Dissent (Mr. Justice Rehnquist)] episode
- Nectow v. Cambridge, 277 U.S. 183 (1928) at 188 [as printed: Nectow v. Cambridge, 277 U. S. 183, 188 (1928); Opinion of the Court (Mr. Justice Brennan)] (episode link pending)
- Welch v. Swasey, 214 U.S. 91 (1909) (height restriction) [as printed: Welch v. Swasey, 214 U. S. 91 (1909) (height restriction); Opinion of the Court (Mr. Justice Brennan)] (episode link pending)
- Gorieb v. Fox, 274 U.S. 603 (1927) at 608 (requirement that portions of parcels be left unbuilt) [as printed: Gorieb v. Fox, 274 U. S. 603, 608 (1927) (requirement that portions of parcels be left unbuilt); Opinion of the Court (Mr. Justice Brennan)] (episode link pending)
- Goldblatt v. Hempstead, supra, at 592-593 at 592-593 [as printed: Goldblatt v. Hempstead, supra, at 592-593; Opinion of the Court (Mr. Justice Brennan)] (episode link pending)
(+15 more named aloud; see the website)
Full list of 141 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/021-penn-central-transportation-co-v-new-york-city