Wisconsin
How First English Evangelical Lutheran Church v. County of Los Angeles applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Constitutional Law (Takings).
In Wisconsin, the principles established in First English Evangelical Lutheran Church v. County of Los Angeles apply to regulatory takings by necessitating compensation for the temporary deprivation of property rights. Wisconsin courts recognize that a taking can occur even in cases where property is not permanently taken, reflecting the need for just compensation under the state constitution.
The Wisconsin Constitution, Article I, Section 13 mandates that just compensation must be provided for the taking of property for public use, which includes the regulation of land use that substantially impairs a property owner's rights.
The court ruled that restrictive zoning ordinances can constitute a taking if they deny all economically viable use of the property.
The court found that even temporary takings, such as through action sufficiently impacting property value, may require compensation under the Wisconsin Constitution.
The court acknowledged a taking when governmental action results in a physical invasion that significantly diminishes property value.
While Wisconsin follows the federal standard for takings established by the Fifth Amendment, it emphasizes statutory interpretations through state constitutional law. Wisconsin courts have taken a proactive stance in adjudicating cases that deal with temporary takings, reflecting a potentially broader application compared to certain federal precedents.
The principles of takings in Wisconsin are relevant for the bar exam, emphasizing the importance of understanding both state constitutional protections and contrasting them with federal analyses.