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Historic Real Estate Cases
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Penn Central Transportation Co. v. New York City
This case, decided by the U.S. Supreme Court in 1978, dealt with the regulation of historical preservation versus private property rights. The court upheld New York City's Landmarks Preservation Law, under which the city denied Penn Central Transportation Company the right to build a skyscraper above Grand Central Terminal. The decision was significant in establishing the concept that regulatory takings could occur without physical appropriation and that a 'taking' required compensation only when it denied an owner all reasonable economically viable use of their property.
Nollan v. California Coastal Commission
Decided by the U.S. Supreme Court in 1987, this case addressed the extent of land-use regulation conditions that can be placed on a property owner. The court ruled that there must be an 'essential nexus' between the condition imposed and a legitimate state interest. Here, the California Coastal Commission's requirement for a public walkway in exchange for building permits was invalidated because it did not meet this standard.
Village of Euclid v. Ambler Realty Co.
This 1926 United States Supreme Court case addressed the constitutionality of zoning laws. The court upheld the zoning ordinance of Euclid, Ohio, which designated specific districts for industry, business, and residential use. The decision laid the groundwork for modern land-use regulations and is notable for legitimizing municipal zoning as a means of land control.
Lucas v. South Carolina Coastal Council
In this 1992 U.S. Supreme Court case, the court decided on the issue of regulatory takings. When David Lucas bought beachfront property and was later prohibited from building due to new state laws, the court held that when regulation eliminates all economically beneficial use of property, a taking has occurred, and compensation is required. The case has implications for environmental laws and property rights.
Kelo v. City of New London
A 2005 U.S. Supreme Court case that ruled economic development can be a legitimate reason for government entities to use eminent domain to seize private property. Although controversial, this decision affirmed the broad powers of eminent domain, allowing governments to transfer land from one private owner to another to further economic development.
Shelley v. Kraemer
In 1948, the U.S. Supreme Court held that courts could not enforce racial covenants on real estate. These covenants were agreements that prohibited the sale of property to people of certain races or ethnicities. The case was significant for civil rights, clarifying that while private parties may enter into such agreements, they cannot seek court enforcement of racially restrictive covenants without violating the Fourteenth Amendment.
Armstrong v. United States
A 1960 U.S. Supreme Court case that held the government must compensate property owners when their property is taken for public use. The case involved the scrapping of material under a government contract that led to a lien against a subcontractor. The court concluded that the Fifth Amendment's guarantee that private property will not be taken for public use without just compensation is applicable to the unique interests of the materialmen's liens.
Mabo v Queensland (No 2)
Decided by the High Court of Australia in 1992, this landmark case recognized the land rights of the Meriam people, traditional inhabitants of the Murray Islands. This effectively overturned the legal doctrine of terra nullius which had been used to justify the dispossession of Indigenous Australians. The case led to the establishment of the Native Title Act 1993 and has had important implications for indigenous land rights in Australia.
Dolan v. City of Tigard
The U.S. Supreme Court in 1994 made a landmark decision clarifying the limitations on the power of governments to exact public easements. It established the 'rough proportionality' test, stating that conditions for property development must be roughly proportional to the impact of the proposed development. This case is pivotal for understanding the balance between property rights and land use regulation.
Loretto v. Teleprompter Manhattan CATV Corp.
In this 1982 U.S. Supreme Court case, the court established that a permanent physical occupation authorized by government is a 'taking' requiring just compensation, regardless of the public interest served. It focused on the issue of cable companies installing equipment on private buildings and set a precedent for the regulation of physical property invasions.
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