Penn Central Transportation Company V. City of New York (1978) Case Brief

Penn Central Transportation Company V. City of New York (1978) Case Brief
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Penn Central Transportation Company V. City of New York
Cite: 438 U.S. 104 (1978)
Vote: 6-3
Opinion: Brennan
Facts of the case:
The Landmarks Preservation Law gave New York City the power to identify neighborhoods and structures considered landmarks or landmark sites.
Following the provisions of this law Penn Central Transportation was not allowed to construct a building above the Grand Central Terminal.
Since the Landmarks Preservation Commission restricted Penn Central from new constructions the appellants felt aggrieved and sought legal redress.
Statute:
The Landmarks Preservation Law and the taking Clause informed the decisions of judges in the case.
Equally, the provisions of the Fifth and the Fourteenth Amendments were relevant to providing court decisions.
Constitutional Provision and Legal Question:
The owners of the property are not to be deprived the use of their property unconstitutionally, if the restrictions imposed on use of land reduce profitable use.
Did the restrictions constitute a taking which also violated the Fifth and the Fourteenth Amendments?
The petitioner argued that using the Landmarks Preservation Law wan not justified as this denied the company the right to build the building as well as receive revenue.  
Reasoning:
Justice Brennan read out the court’s decision that application of the law did not constitute a taking as the provision did not prevent the petitioner from getting reasonable returns related to the property.
In order to determine whether there was a taking, the Courts relied on various facts to identify the circumstances.
The effect of the restrctin on economic use of the property of the claimant, a look into whether the regulation could be classified as physical invasion as well as effec...