Supreme Court of the United States
Griggs v. Allegheny County
March 5, 1962369 U.S. 84
Summary
The Supreme Court reversed the Pennsylvania Supreme Court, holding that Allegheny County took an air easement over Griggs's property and must provide just compensation under the Fourteenth Amendment Takings Clause. The Court relied on United States v. Causby and federal statutes requiring acquisition of airspace easements for airport approaches. It reasoned that the county, as promoter and operator of the airport, was the constitutional taker. Justice Black’s dissent, noted at the end, disagreed on liability, asserting the United States was the taker.
Holding
- Whether the low‑altitude overflights constitute a taking and whether Allegheny County is liable. Yes. The Court held that the overflights constitute a taking of airspace and that Allegheny County, as the promoter and operator of the airport, is the taker required to pay just compensation under the Fourteenth Amendment.
Docket 81
Cited authorities
- 49 U.S.C. § 1101
- 44 Stat. 574
- 72 Stat. 739
- 49 U.S.C. § 1301
- 49 U.S.C. § 1109
- 14 C.F.R. § 60.17