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Property – takings

By: WISCONSIN LAW JOURNAL STAFF//April 3, 2014//

Property – takings

By: WISCONSIN LAW JOURNAL STAFF//April 3, 2014//

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Wisconsin Court of Appeals

Civil

Property – takings

A municipality that maintains a dam, but which did not engage in any action that resulted in the destruction of neighboring property, did not engage in a taking of property and is not liable for compensation.

“Further, even putting aside the lack of authority, Fromm fails to provide a convincing rationale to support the creation or application of a per se rule when it comes to dams and flooding, which would appear on its face to contravene the general requirement, discussed above, that there can be no taking without a causal government action. The closest he comes is to assert that the taxpayers should, in all fairness, compensate victims of flooding associated with government-operated dams where a dam remains standing and in contrast affected property owners suffer heavy losses. While this rationale has appeal where the government acted in a manner that took an individual’s property for the good of the public, Fromm fails to explain how this rationale supports a per se rule in the instant case, where he can identify no government action that caused the property loss.”

Affirmed.

Recommended for publication in the official reports.

2013AP14 Fromm v. Village of Lake Delton

Dist. IV, Sauk County, Evenson, J., Blanchard, J.

Attorneys: For Appellant: Grimmer, Kim, Madison; For Respondent: Waskowski, Ted, Madison; Vergeront, Margaret, Madison

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