City of Pittsburgh v. Alco Parking Corp., 417 U.S. 369 (1974)

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Author: Justice Powell

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City of Pittsburgh v. Alco Parking Corp., 417 U.S. 369 (1974)

MR. JUSTICE POWELL, concurring.

The opinion of the Court fully explicates the issue presented here, and I am in accord with its resolution. I write briefly only to emphasize my understanding that today’s decision does not foreclose the possibility that some combination of unreasonably burdensome taxation and direct competition by the taxing authority might amount to a taking of property without just compensation in violation of the Fifth and Fourteenth Amendments.

To some extent, private business is inevitably handicapped by direct governmental competition, but the opinion of the Court makes plain that the legitimate exercise of the taxing power is not to be restrained on this account. It is conceivable, however, that punitive taxation of a private industry and direct economic competition through a governmental entity enjoying special competitive advantages would effectively expropriate a private business for public profit. Such a combination of unreasonably burdensome taxation and public competition would be the functional equivalent of a governmental taking of private property for public use, and would be subject to the constitutional requirement of just compensation. As the opinion of the Court clearly reveals, ante at 377-378, no such circumstance has been shown to exist in the instant case.

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Chicago: Powell, "Powell, J., Concurring," City of Pittsburgh v. Alco Parking Corp., 417 U.S. 369 (1974) in 417 U.S. 369 Original Sources, accessed April 24, 2018, http://www.originalsources.com/Document.aspx?DocID=DBGQKGK84V6W1VG.

MLA: Powell. "Powell, J., Concurring." City of Pittsburgh v. Alco Parking Corp., 417 U.S. 369 (1974), in 417 U.S. 369, Original Sources. 24 Apr. 2018. www.originalsources.com/Document.aspx?DocID=DBGQKGK84V6W1VG.

Harvard: Powell, 'Powell, J., Concurring' in City of Pittsburgh v. Alco Parking Corp., 417 U.S. 369 (1974). cited in 1974, 417 U.S. 369. Original Sources, retrieved 24 April 2018, from http://www.originalsources.com/Document.aspx?DocID=DBGQKGK84V6W1VG.