90 N.Y.2d 1 (1997)
A property owner’s rights are defined by existing state laws and regulations at the time of purchase, and the government’s enforcement of these pre-existing obligations does not constitute a taking requiring compensation, even if it involves physical occupation.
Summary
This case addresses whether New York City committed a taking when it placed side fill on a property owner’s land to support a newly regraded public road. The plaintiffs argued this was a permanent physical occupation requiring compensation. The court held that because the City acted pursuant to its Charter and the common-law principle of lateral support, which were in effect when the plaintiffs purchased the property, no taking occurred. The plaintiffs had constructive notice that their property was below the legal grade of the abutting road, and thus their title was already subject to the obligation to provide lateral support.
Facts
In 1978, New York City raised the legal grade of a section of College Point Boulevard. Ten years later, in 1988, the Kims purchased property adjacent to the boulevard. At the time of purchase, their property’s grade was lower than the legal grade of the road. In 1990, the City regraded the boulevard to match the legal grade. Due to the difference in elevation, the City placed side fill on a portion of the Kims’ property to provide lateral support to the road and prevent erosion. The Kims sued, alleging an unconstitutional taking.
Procedural History
The Kims filed suit in Supreme Court, arguing the City’s actions constituted a taking. The Supreme Court denied the Kims’ motion for summary judgment and granted the City’s cross-motion, dismissing the takings claim. The Appellate Division affirmed. The Kims appealed to the New York Court of Appeals.
Issue(s)
Whether the City’s action in placing side fill on the Kims’ property to support a regraded public road constitutes a taking of private property without just compensation, in violation of the Fifth Amendment.
Holding
No, because the Kims’ property was already subject to the common-law obligation of lateral support and the City Charter provisions regarding maintenance of grade, meaning the Kims never possessed the property interest they claim was taken.
Court’s Reasoning
The Court of Appeals relied on the principle that property interests are defined by existing state laws and regulations. The court determined the Kims purchased their property with constructive notice of the legal grade and were therefore subject to the common-law duty of lateral support and the City Charter obligation to maintain the property at the legal grade. The court emphasized that, under Lucas v. South Carolina Coastal Council, a threshold inquiry is necessary to determine whether a property owner ever possessed the property interest they claim has been taken. Because the Kims’ title was already encumbered by the obligation to provide lateral support to the public road, the City’s actions did not constitute a taking. The court distinguished this situation from a simple case of the government dumping fill on private property. The court reasoned the obligation to preserve lateral support to a highway