Penn Central Transportation Co. v City of New York

1978

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.