Soon Duck Kim v. City of New York

When the City put side fill on plaintiffs’ property to shore up a roadway, it took their property for public use and plaintiffs are entitled to be compensated for the taking. Contrary to the instant interpretation of the majority, neither the New York City Charter nor the common law is a preexisting limitation on plaintiffs’ title that would authorize a taking of plaintiffs’ property without compensation. I, therefore, dissent.

Under the reasoning of the majority, plaintiffs must suffer *15"the City’s dumping of side fill on 2,400 square feet of plaintiffs’ property” (majority opn, at 5) solely…