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Constitutional Law Keyed to Maggs
Penn Central Transportation Co. v. City of New York
Citation:438 U.S. 104 (1978)
CaseCast™ – "What you need to know"
The New York City Landmarks Preservation Law authorizes the Landmarks Preservation Commission to designate as a landmark property that has a special character or special historical or aesthetic interest or value as part of the development, heritage or cultural characteristics of the city, state or station. Such a designation permits the property owner to alter the exterior architectural features of the landmark or to construct any exterior improvements on the landmark site only with the advance approval of the Commission. In 1967, the Commission designated Grand Central Terminal as a landmark. Shortly after, Penn Central, which owned the Terminal, the UGP properties, applied to the Commission for permission to construct a new office building above the Terminal. The Commission rejected the proposals stating that it would impair the dramatic view of the Terminal from the South. Penn Central filed suit claiming that the denial of their application effected a taking of their property for which they had not received just compensation.
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