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Editor: Stephen Clowney
Univ. of Arkansas, Fayetteville

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Thursday, December 3, 2009

New York City Bans Storefront Gates

Just in time for those of you looking for an exam question on regulatory takings, comes this New York Times story on the New York City Council's regulation of storefront gates.  But the ban on gates that completely block the view of the store until 2026.

A couple of  key quotes from store owners:
“If the government pays, then O.K.,” said Mr. Lee, the owner of the shop, who was not surprised to learn that the government would not, after all, be covering the cost of a new gate. “They make law, law, law, and people’s life is more difficult.”

"If the government pays, then O.K."  That may be the title of my next article.

And this, about the long period to amortize the cost of the current gates:

[Frank Caputo] has had the second gate — a $4,000 model with an electric motor that allows him to turn a key or press a button to raise or lower it — for about two years, and he figured that by 2026, when the ban fully kicks in, he would need to replace it, anyway. “If they would have told me I had six months to replace it, I would have been upset,” Mr. Caputo said.

Alfred Brophy

http://lawprofessors.typepad.com/property/2009/12/new-york-city-bans-storefront-gates.html

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