Property Spring 1995 William Nelson Chapter I: The Power of Legislatures to Allocate Wealth

D. City of Pittsburgh v. Alco Parking Corp

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D. City of Pittsburgh v. Alco Parking Corp (1974)

1. private owners of parking garages could be taxed at a higher

rate than a public garages.

2. factual evidence that the taxes could, in some cases, be

passed on to consumers.

3. as a revenue bill, the tax was entitled to a presumption of


4. it is reasonable for private lots and nonresident drivers to

pay for costs of congestion of Pittsburgh.

5. Parkers will wind up paying tax, since privates will raise

their prices: "the city was constitutionally entitled to put

the automobile parker to the choice of using other

transportation or paying the increase.

6. Powell Concurrence: "Today's decision does not foreclose the

possibility that some combination of unreasonably burdensome

taxation and direct compensation by the taxing authority

might amount to a taking of property w/out compensation.

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