![]() A physical invasion and restrictions on use are subject to the balancing test.The Court has always distinguished between permanent physical occupations, physical invasions short of occupation, and regulations that merely restrict the use of property.Accord is found in Northern Transportation v.Green Bay, Court held that where real estate is actually invaded so as to effectively destroy or impair its usefulness, it is a taking. This Court has long considered a physical intrusion by the gov't to be a property restriction of an unusually serious character for purposes of takings.Our cases establish that when a physical intrusion reaches the extreme form of a permanent physical occupation, a taking has occurred.A minor but permanent physical occupation of an owner's property authorized by the government constitutes a taking of property.Does a minor but permanent physical occupation of an owner's property authorized by the government constitute a taking of property?.She brought suit alleging the law constituted a taking. Loretto bought an apartment building where Teleprompter had cable installed on the roof.The landlord may not demand payment in excess of any amount which the state commission shall determine to be reasonable. ![]() New York Law Section 828 requires that a landlord must permit a cable television company to install its cable facilities upon his property. ![]()
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