Penn Central Transportation Company v. New York City: easy taking-clause cases make uncertain Law.

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Publication Type Journal Article
School or College College of Law; College of Humanities; School of Medicine; College of Social & Behavioral Science
Department Political Science; Internal Medicine; Law; Philosophy
Creator Francis, Leslie
Title Penn Central Transportation Company v. New York City: easy taking-clause cases make uncertain Law.
Date 2006-06-16
Description In Penn Central Transportation Company v. New York City, the Supreme Court held that New York City's Landmarks Preservation Law as applied to Grand Central Terminal was not a "taking" of property for which compensation is constitutionally required. The decision has been hailed as a major victory for landmark preservation, deplored as a threat to property rights, and praised for clarifying a confused area of legal doctrine. Little noticed is the fact that Penn Central did not pose the hard case for landmark preservation law: a case in which preservation imposes unique and severe economic burdens on a property owner. This comment argues that Penn Central was an "easy case"; the Court's doctrinal approach to the taking issue in Penn Central provides uncertain guidance for harder cases.
Type Text
Publisher Utah Law Review
First Page 369
Last Page 383
Subject Law; Compensation; Property Rights; Landmarks Preservation Law; Supreme Court Rulings
Subject LCSH Law; Real property; Compensation (Law)
Language eng
Bibliographic Citation Francis, L.P. (1980). Penn Central Transportation Company v. New York City: Easy Taking-Clause Cases Make Uncertain Law. Utah Law Review, 1980, 369-83
Rights Management (c)1980 Utah Law Review
Format Medium application/pdf
Identifier ir-main,2555
ARK ark:/87278/s6zp4qmc
Setname ir_uspace
Date Created 2012-06-13
Date Modified 2012-06-13
ID 705577
Reference URL https://collections.lib.utah.edu/ark:/87278/s6zp4qmc
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