89 N.Y.2d 535 (1997)

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A property owner who purchases land after the enactment of a land-use regulation is not entitled to compensation for a taking when that regulation is enforced, as the regulation inheres in the title from the outset.

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Summary

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Anello purchased property in Dobbs Ferry after the enactment of a steep-slope ordinance that restricted development. The Zoning Board of Appeals denied her request for a variance. Anello argued that the denial constituted a taking requiring just compensation. The New York Court of Appeals held that because Anello purchased the property after the ordinance was enacted, the restriction was already part of the property’s title. Therefore, its enforcement did not constitute a taking of any property interest she owned. The court reasoned that allowing subsequent purchasers to claim a taking based on pre-existing regulations would lead to speculative land purchases and undermine the integrity of land-use regulations.

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Facts

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In 1989, the Village of Dobbs Ferry enacted a steep-slope ordinance to protect environmentally sensitive lands and promote orderly development.r
The ordinance restricted the buildable area of lots based on the degree of slope.r
Anello purchased a property in 1991, two years after the ordinance was enacted.r
The steep-slope ordinance significantly reduced the buildable area of Anello’s property to below the Zoning Code’s minimum requirement for a dwelling.r
Anello applied for a variance to construct a one-family dwelling, which was denied by the Zoning Board of Appeals because she acquired the property after the ordinance took effect and granting the variance would negatively impact the neighborhood.r

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Procedural History

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The Zoning Board of Appeals denied Anello’s variance application.r
Supreme Court initially annulled the Board’s decision, granting the variance under the