(Download) "United Artists Theater Circuit v. City Philadelphia" by Supreme Court of Pennsylvania # Book PDF Kindle ePub Free

eBook details

Title: United Artists Theater Circuit v. City Philadelphia
Author : Supreme Court of Pennsylvania
Release Date : January 09, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 78 KB

Description

On July 10, 1991, this Court found that the Philadelphia Historic Preservation Ordinance "which authorized the historic designation of private property . . . without the consent of the owner, [is] unfair, unjust and amounts to an unconstitutional taking without just compensation in violation of Article I, Section 10 of the Pennsylvania Constitution." United Artists Theater Circuit, Inc. v. City of Philadelphia, Philadelphia Historical Commission, 528 Pa. 12, 26-27, 595 A.2d 6, 13-14 (1991). This result stands in contrast to the result reached by the United States Supreme Court in Penn Central Transp. Co. v. New York City, 438 U.S. 104, 57 L. Ed. 2d 631, 98 S. Ct. 2646 (1978), in which that Court held that historic designation without the consent of the owner is not a "taking" under the Fifth and Fourteenth Amendments to the United States Constitution.