Penn Central Transportation Co. v. New York City

Penn Central Transportation Co. v. New York City
Argued April 17, 1978
Decided June 26, 1978
Full case namePenn Central Transportation Company, et al. v. New York City, et al.
Citations438 U.S. 104 (more)
98 S. Ct. 2646; 57 L. Ed. 2d 631; 1978 U.S. LEXIS 39; 11 ERC (BNA) 1801; 8 ELR 20528
Case history
PriorAppeal from the Court of Appeals of New York
Holding
Whether a regulatory action that diminishes the value of a claimant's property constitutes a "taking" of that property depends on several factors, including the economic impact of the regulation on the claimant, particularly the extent to which the regulation has interfered with distinct investment-backed expectations, as well as the character of the governmental action.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
MajorityBrennan, joined by Stewart, White, Marshall, Blackmun, Powell
DissentRehnquist, joined by Burger, Stevens
Laws applied
U.S. Const. amend. V

Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978), was a landmark United States Supreme Court decision on compensation for regulatory takings.[1] Penn Central sued New York City after the New York City Landmark Preservation Commission denied its bid to build a large office building on top of Grand Central Terminal. The Supreme Court ruled in the city's favor.

  1. ^ Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978). Public domain This article incorporates public domain material from this U.S government document.