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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In F.C.C. v. Florida Power Corporation, 480 U.S. 245, 247-54, 107 S. Ct. 1107, 94 L. Ed. 2d 282 (1987), the United States Supreme Court recently held that the Federal Communications Commission (FCC) can *645establish the rates that utility companies may charge cable television systems for using utility poles as supports for stringing television cable without violating the takings clause where the public utility had already entered into agreements for such use of the poles. The court concluded that economic regulation of an existing landlord-tenant relationship was quite different from the situation in Loretto, where the court had determined that a New York law requiring a landlord to permit a cable television company to install its cable facilities on his apartment building constituted a permanent physical occupation of property and, therefore, a taking under the fifth amendment. “As we observed in Loretto, statutes regulating the economic relations of landlords and tenants are not per se takings . . . ‘[s]o long as these regulations do not require the landlord to suffer the physical occupation of a portion of his building by a third party, they will be analyzed under the multifactor inquiry generally applicable to nonpossessory governmental activity.’ Loretto [v. Manhattan Teleprompter CATV Corporation, supra, 440] (emphasis added).” F.C.C. v. Florida Power Corporation, supra, 252. “The line which separates these cases from Loretto is the unambiguous distinction between a commercial lessee and an interloper with a government license.” Id., 252-53.

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