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Update: Briefs Roll in Amid Murr v. State of Wisconsin SCOTUS Appeal

We’ve been watching Murr v. State of Wisconsin, a regulatory taking case involving a St. Croix River family cabin, closely since the Supreme Court of the United States accepted review. The briefs are now rolling in. As explained in a previous blog post, the issue in Murr is whether two small, adjacent residential lots may […]

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The Family Cabin Goes to the High Court

The U.S. Supreme Court Accepts Review of Murr v. State of Wisconsin A longer version of this blog entry appeared in the March 2016 issue of Inside Track. A family cabin on the shores of the St. Croix Scenic Riverway in Troy, Wisconsin, is making national news among eminent domain watchers. The Murr family purchased […]

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Supreme Court Rejects Business’s Loss of Value Claim for Lost Street Access

Highway projects regularly change the access points that properties have to roads, and landowners believe (correctly or incorrectly) the change in the access affects the value of their business or property. Few can argue that access isn’t important to certain types of commercial uses. During construction of highway projects, the Department of Transportation (“DOT”) regularly […]

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No Compensation for Loss of Direct Access to a Controlled-Access Highway

The Wisconsin Court of Appeals recently held in an unpublished opinion that a property owner was not entitled to compensation when the Department of Transportation (“DOT”) removed its direct access to a controlled-access highway and replaced it with an alternate access. Hoffer Properties, LLC (“Hoffer”), owned property that abutted State Highway 19. The property had […]

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Supreme Court to Decide Compensation for Loss of Road Access

The Wisconsin Supreme Court recently accepted review of a case that will have substantial implications for those businesses that lose street access to due to Department of Transportation (“DOT”) road projects. Specifically, the outcome of this case will help determine the extent that the DOT must compensate a business owner when it removes access to […]

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If a Permit Condition Is Not a Compensable Taking, It Is Constitutional

It is a natural assumption that if a municipality is going to impose conditions on the granting of a building permit that the conditions must be reasonably related to the permit or else the conditions are not constitutional. But, a California court has held that if the condition that is being imposed does not unconstitutionally […]