![]() In 1970, Teleprompter installed a cable approximately thirty-five feet long and one-half inch in diameter along the length of the building's roof. He concludes that the decisional model should replace both Loretto's per se test and the multifactor balancing test used to decide regulatory takings cases. to Teleprompter within six months of such transfer. In this case, a physical occupation of property is a taking, we reverse. 2d ruled that this appropriation does not amount to a taking. Professor Costonis identifies major developments in modern takings jurisprudence that prefigure the model, and he argues that the per se test adopted by the Supreme Court in Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. The model contains four elements: a commitment to presumptions rather than per se rules to determine whether property has been taken a due process-takings phase, in which conflicts between welfare and indemnification concerns are mediated through application of the just share principle a pure takings phase, in which a measure's fairness in operation is assessed and a sliding scale to key government's burden of proof in justifying a particular measure in light of the values implicated by the measure. 419 (1982), was a case in which the Supreme Court of the United States held that when the character. Professor Costonis presents a decisional model for the judicial management of compensation practice under the takings clause that comprehends both physical and regulatory incursions. Demand or accept payment from any tenant in any form in exchange for permitting cable television service on or within his property or premises, or from any. Teleprompter Manhattan CATV Corp., 458 U.S.
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