Recent Supreme Court Decisions: Implications for the Taking Issue

Abstract

Last term the U.S. Supreme Court decided two non-land use cases that undoubtedly will have an impact on the regulatory taking issue. In Loretto v. Teleprompter Manhattan CATV Corp.,___U.S.___, 102 S. Ct. 3164 (1982), 35 ZD 21, the Court formulated a per se taking rule for “permanent physical occupations,” reversing the New York Court of Appeals, which had upheld a TV cable installation statute as a valid exercise of the police power. In Patsy v. Board of Regents,___U.S.___, 102 S. Ct. 2557 (1982), a divided Court held that exhaustion of administrative remedies was not a prerequisite for the maintenance of a civil rights action, reversing the Fifth Circuit Court of Appeals sitting en banc.