Today we will cover categorical regulatory takings–that is takings considered under bright line rules without any type of balancing tests.
The Fifth Amendment provides:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Here is a photograph of the building at issue in Loretto v. Teleprompter.
Here’s what it looks like today at 303 West 105th Street (it’s probably dark now):
And here is a satellite photo of the roof where all those innvading wires were strung.