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

Abstract

This comment examines the current state of the regulatory takings doctrine at both the federal and state level, analyzes the Supreme Court’s decision in Murr v. Wisconsin, and discusses the need to set up structural protections to preserve the rights of private property owners. Specifically, Part II discusses the fascinating origins and background of the Takings Clause and the regulatory takings doctrine. Part III examines the regulatory takings doctrine as it was structured when the Supreme Court decided Murr. Part IV provides background analysis of the regulatory framework and Wisconsin regulatory takings law that undergirds Murr. Part V describes the Murr’s factual background, discusses the parties’ arguments, and analyzes the Supreme Court’s opinion. Part VI analyzes the general reaction to this landmark decision, evaluates Wisconsin’s Homeowners’ Bill of Rights, and provides direction for Wisconsin courts in their handling of the post-Murr regulatory takings doctrine. Part VII concludes with a brief overview and presents two important takeaways from Murr.