Is a business temporarily closed by order of the government entitled to compensation? Two groups of plaintiffs have petitioned the U.S. Supreme Court hoping not just for a “yes” but an overhaul of a half-century of regulatory takings doctrine. The United States Constitution prohibits the government from “taking” property without payment of compensation. That creates
U.S. Supreme Court Finds No Regulatory Taking in Wisconsin Case
In a 5-4 decision announced today, the U.S. Supreme Court held that Wisconsin could prohibit development of a subdivision lot—while allowing development on an adjacent lot owned by the same family—without paying just compensation. The Court’s decision is a victory for states and local governments and a loss for property rights advocates.
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U.S. Supreme Court Set to Hear Oral Argument in Takings Case
On Friday, the U.S. Supreme Court set oral argument for March 20, 2017 in the case of Murr v. Wisconsin, in which the Court is being asked to determine what constitutes the “relevant parcel” in determining whether a regulatory taking of private property has occurred. The Court’s decision in Murr, expected this summer, may significantly affect private parties’ ability to bring takings claims when government actions render portions—as opposed to the entirety—of the parties’ property unusable or undevelopable.
Two parcels of property located along Lake St. Croix in Wisconsin are the subject of Murr. The two waterfront parcels, each of which are just over an acre in area, were platted in 1959. The Murr family purchased one of the parcels (Lot F), and subsequently purchased the other parcel (Lot E) in 1963. The Murrs built a family cabin on Lot F, and Lot E has remained vacant ever since. The Murrs held title to Lot F in their family business, while they held title to Lot E under their personal names. In 1994, the family business conveyed Lot F to their six children, and in 1995, Lot E was also conveyed to the children.
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U.S. Supreme Court Finds Monetary Exactions, Impact Fees May Be Subject To Increased Scrutiny
On June 25, the U.S. Supreme Court issued an opinion in the case of Koontz v. St. Johns River Water Management District with potentially noteworthy ramifications for property owners and developers. The decision provides some clarification in an area that has troubled various state and federal courts since the Supreme Court decided the duo