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Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982)

Full notes and cites: https://opinion-of-the-court.pages.dev/ep/073-loretto-v-teleprompter-manhattan-catv-corp

Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep458/usrep458419/usrep458419.pdf

Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.

A New York law required landlords to allow cable television companies to install equipment on their buildings, for a one-time payment set at one dollar. Jean Loretto bought a five-story apartment building in Manhattan and discovered cables and two boxes on the roof and running along the building's front. She brought a class action claiming a taking.

Justice Marshall, for a six-to-three majority, held that a permanent physical occupation authorized by government is a taking without regard to the public interests it may serve, no matter how small the area. The size of the occupation goes to how much compensation is owed, not to whether there was a taking.

Justice Blackmun, joined by Justices Brennan and White, dissented, arguing that the Court was drawing a formalistic line based on a few cubic feet. Loretto's per se rule sits alongside Lucas and Penn Central as one of the three pillars of takings law.

Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.

Cases named aloud

- Co. v. New York City, 438 U.S. 104 (1978) at 127-128 [as printed: Co. v. New York City, 438 U. S. 104, 127-128 (1978); Opinion of the Court (Justice Marshall)] episode

- Delaware, L. & W. R. Co. v. Morristown, 276 U.S. 182 (1928) at 193 [as printed: Delaware, L. & W. R. Co. v. Morristown, 276 U. S. 182, 193 (1928); Opinion of the Court (Justice Marshall)] (episode link pending)

- Penn Central Transportation Co. v. New York City, supra [as printed: Penn Central Transportation Co. v. New York City, supra; Opinion of the Court (Justice Marshall)] (episode link pending)

- Pumpelly v. Green Bay Co., 13 Wall. 166 [as printed: Pumpelly v. Green Bay Co., 13 Wall. 166; Opinion of the Court (Justice Marshall)] (episode link pending)

- Northern Transportation Co. v. Chicago, 99 U.S. 635 (1879) [as printed: Northern Transportation Co. v. Chicago, 99 U. S. 635 (1879); Opinion of the Court (Justice Marshall)] (episode link pending)

- St. Louis v. Western Union Telegraph Co., 148 U.S. 92 (1893) [as printed: St. Louis v. Western Union Telegraph Co., 148 U. S. 92 (1893); Opinion of the Court (Justice Marshall)] (episode link pending)

- Western Union Telegraph Co. v. Pennsylvania R. Co., 195 U.S. 540 (1904) [as printed: Western Union Telegraph Co. v. Pennsylvania R. Co., 195 U. S. 540 (1904); Opinion of the Court (Justice Marshall)] (episode link pending)

- United States v. Causby, 328 U.S. 256 (1946) [as printed: United States v. Causby, 328 U. S. 256 (1946); Opinion of the Court (Justice Marshall)] episode

(+15 more named aloud; see the website)

Full list of 160 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/073-loretto-v-teleprompter-manhattan-catv-corp