January 21, 2014
- 148 Eminent Domain
- 148I Nature, Extent, and Delegation of Power
- 148k2 What Constitutes a Taking; Police and Other Powers Distinguished
- 148k2.3 k. Municipal Corporations and Local Government in General; Annexation of Territory.
Public transit authority’s procedure for receiving refund for discontinued transit tokens did not constitute “taking,” for Fifth Amendment purposes, even if it was necessary to travel to another borough to obtain refund, where cost of travel was de minimis and impossible to quantify, and refund procedure had not changed since passengers had purchased tokens.
Ganci v. New York City Transit Authority, 420 F. Supp. 2d 190 (S.D.N.Y. 2005)