Article on The Badger State’s Take on Regulatory Takings: Murr and Wisconsin

David Wenthold recently posted an Article entitled, The Badger State’s Take on Regulatory Takings: Murr and Wisconsin, Property, Land Use & Real Estate Law eJournal (2018). Provided below is an abstract of the Article:

This comment gives a clear picture of the current state of the regulatory takings doctrine, emphasizing the need for state courts and legislatures to set up structural protections to preserve the rights of private landowners. Specifically, Part II discusses the fascinating origins and background of the Takings Clause and the regulatory takings doctrine. Part III discusses the regulatory takings doctrine as it was structured prior to Murr. Part IV provides background analysis of the regulatory framework and Wisconsin’s regulatory takings law that undergird Murr. Part V describes the factual background of the case, discusses the arguments of the parties, and analyzes the Supreme Court’s landmark opinion. Part VI analyzes the general reaction to this landmark decision, provides direction for Wisconsin courts in their handling of the post-Murr regulatory takings doctrine, and discusses the Wisconsin Homeowners’ Bill of Rights. Part VII concludes with a brief overview and presents an important takeaway from Wisconsin’s reaction to Murr.