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Norfolk Redevelopment And Housing Authority v. Chesapeake & Potomac Telephone Company Of Virginia Et Al.

• 1983 • 464 U.S. 30 • Burger Court
The U.S. Supreme Court case Norfolk Redevelopment and Housing Authority v. Chesapeake & Potomac Telephone Company of Virginia et al., 1983, centered on the issue of whether a local housing authority could require a telephone company to relocate its equipment at its own expense in order to accommodate urban renewal projects. The court ruled that under Section 306 of the Federal Communications Act, which allows for relocation costs to be charged back to utility companies when necessary for public...Open Case
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Chief Burger Court
Term: 1983
Docket: 81-2332
464 U.S. 30
104 S. Ct. 304
78 L. Ed. 2d 29
1983 U.S. LEXIS 117
Argued: Oct 03, 1983

Norfolk Redevelopment And Housing Authority v. Chesapeake & Potomac Telephone Company Of Virginia Et Al.

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Opinion Summary
AI Abstract

The U.S. Supreme Court case Norfolk Redevelopment and Housing Authority v. Chesapeake & Potomac Telephone Company of Virginia et al., 1983, centered on the issue of whether a local housing authority could require a telephone company to relocate its equipment at its own expense in order to accommodate urban renewal projects. The court ruled that under Section 306 of the Federal Communications Act, which allows for relocation costs to be charged back to utility companies when necessary for public safety or convenience, the housing authority did not have this power without first obtaining approval from state regulatory authorities or courts. This decision clarified that federal law preempts local regulations in such matters involving interstate communication utilities.

Dissent Summary
AI Abstract

In the dissenting opinion for Norfolk Redevelopment and Housing Authority v. Chesapeake & Potomac Telephone Company of Virginia, Justice Blackmun argued that the majority's decision to allow a local housing authority to force a private company to relocate its facilities at its own expense was inconsistent with federal law. He contended that under Section 306 of the Federal Communications Act, telephone companies are entitled to just compensation when they're required by public authorities to move their equipment or lines. The majority interpreted this provision as only applying when federal agencies were involved; however, Justice Blackmun disagreed with this narrow interpretation and believed it should also apply in cases involving state or local entities like the Norfolk Redevelopment and Housing Authority. In his view, Congress intended for these protections against uncompensated takings to extend beyond interactions solely with federal bodies.

Opinion written by Justice WHRehnquist
Decided: Nov 01, 1983
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Argued: Oct 05, 2026
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