Penn Central Transportation Co. v. City of New York

Chief Judge Breitel.

In broad terms, the problem in this case is determining the scope of governmental power, within the Constitution, to preserve, without resorting to eminent domain, irreplaceable landmarks deemed to be of inestimable social or cultural significance. In controversy is the constitutionality of regulation which would prohibit appellants, owner and proposed developer of the air rights above Grand Central Terminal, from constructing an office building atop the terminal.

Undisputed is the principle, rooted in the due process clause of the Constitution, that government may not, by…