Court: |
US Supreme Court |
|
Facts: |
Penn Central is a landmark. The city designates it as protected,
which means the owners can't build a new one. |
|
Posture: |
Not Clear |
|
Issue: |
Do these restrictions constitute a taking? |
|
Holding: |
No. |
|
Rule: |
It's not a taking just to show that you can't do what you thought
you'd be able to. |
|
Reasoning: |
Diminution in value alone doesn't count as a taking. We determine
these things on a case-by-case basis. They can still use the
terminal as-is, and the preservation plan benefits the public.
Also, we look at each situation on a case-by-case basis. |
|
Dicta: |
Penn central can't do any further development because they did too
good a job on the original building. |