Wisconsin
How City of Monterey v. Del Monte Dunes at Monterey, Ltd. applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Constitutional Law — Takings; Civil Rights (§1983); Land Use.
Wisconsin recognizes the principles of takings and due process protections similarly to federal law, notably emphasizing property rights under Article I, Section 13 of the Wisconsin Constitution. The state's approach also incorporates a thorough review of local government land use regulations.
In Wisconsin, government action that deprives a property owner of all economic use of their property constitutes a regulatory taking, requiring just compensation under both state and federal constitutions.
The court held that a city’s zoning regulation that substantially reduces property value without compensation constitutes a taking under Wisconsin law.
The court ruled that the denial of development rights by local ordinances must adhere to due process principles, ensuring that property owners can challenge such regulations.
The ruling established that property owners are entitled to compensation for takings under state law, aligning with federal takings standards detailed in the Fifth Amendment.
Wisconsin courts apply a similar balancing test as outlined in the Supreme Court's decision in Penn Central Transportation Co. v. New York City, focusing on the severity of the interference with property rights. However, state jurisprudence may provide broader protections for property rights than certain federal precedents.
Knowledge of takings and due process principles in the context of Wisconsin land use is frequently tested on the Wisconsin bar exam, especially issues surrounding compensable takings and local land use authority.