Wisconsin
How Cleveland v. United States applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Property.
Wisconsin law follows similar principles established in Cleveland v. United States regarding governmental takings and compensation. The state emphasizes fair market value in determining just compensation for property taken for public use.
In Wisconsin, property owners are entitled to just compensation at fair market value for property taken by the government, regardless of the property's current use or zoning status.
The court ruled that property owners must be compensated for the loss of property rights even if the taking does not result in direct physical appropriation.
The court found that a regulatory taking occurs when government action unreasonably interferes with property rights, requiring compensation.
Held that property must be evaluated at its highest and best use to determine fair market value for compensation purposes.
Wisconsin's application of the principles from Cleveland aligns closely with federal standards in assessing just compensation. However, Wisconsin courts have emphasized a broader interpretation of property rights under state law, potentially offering greater protection for property owners than federal standards.
Questions on property takings and just compensation are frequently tested on the Wisconsin bar exam, particularly in relation to the fair market value assessment.