Penn Central Transportation Company v. New York City (1977)

Docket
77-444
Decided
1977-01-01

Summary

Question: Did the restriction against Penn Central constitute a "taking" in violation of the Fifth and Fourteenth Amendments? Conclusion: No. The Court held that the restrictions imposed did not prevent Penn Central from ever constructing above the terminal in the future. New York's objection was to the nature of the proposed construction and not to construction in general implemented to "enhance" the Terminal. Preventing the construction of a 50-plus story addition above the station was a reasonable restriction substantially related to the general welfare of the city.

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