Section 21-79

Citation: Section 21-79
Parent Document: Eamiello v. Liberty Mobile Home Sales, Inc., 208 Conn. 620 (1988)
Jurisdiction: Connecticut (state)
Effective Date: 1988-08-16
Original Source: https://www.courtlistener.com/opinion/7893279/eamiello-v-liberty-mobile-home-... ↗

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“[United States] Supreme Court cases addressing this question can be divided into two lines of authority: the so-called regulatory taking cases and the physical occupation cases. Regulatory taking cases are those where the value or usefulness of private property is diminished by regulatory action not involving a physical occupation of the property. A typical case of this sort is Penn Central Transportation Co. v. New York City, 438 U.S. 104, 98 S. Ct. 2646, 57 L. Ed. 2d 631 [reh. denied, 439 U.S. 883, 99 S. Ct. 226, 58 L. Ed. 2d 198] (1978), where New York City prohibited Penn Central from budding a 55-story office tower over its Grand Central Terminal. Despite the drastic diminution in the value and usefulness of Penn Central’s property, the Court held that the city’s action did not amount to a taking.

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