Regulatory Takings: U.S. Supreme Court Announces New Test in Wisconsin Case
A landowner’s reasonable expectations are king. That’s the essential holding in a Wisconsin-based case recently decided by the U.S. Supreme Court, which explored the issue of whether two adjacent lots should be considered as a single property in determining whether a taking occurred.
In Murr v. Wisconsin,1 one of the final decisions released for the term, the Court ruled that Wisconsin courts correctly considered the lots as one property and that no compensable taking occurred. But the Court announced a new test that will alter how Wisconsin approaches these questions in the future.
A constitutional and property law professor at George Mason University called the decision “by far the most important…
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This article was written by Axley Attorney Sara Beachy and was originally posted in the State Bar of Wisconsin’s Inside Track. Click the link above to read the rest of this publication on the State Bar of Wisconsin’s website.