Acknowledgement of Rights – Right To Visibility of Private Property

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WI Supreme Court

Case Name: Adams Outdoor Advertising Limited Partnership v. City of Madison

Case No.: 2018 WI 70

Focus: Acknowledgement of Rights – Right To Visibility of Private Property

The petitioner, Adams Outdoor Advertising Limited Partnership, seeks review of an unpublished per curiam decision of the court of appeals affirming the circuit court’s grant of summary judgment dismissing Adams’ takings claim against the City of Madison. The court of appeals concluded that Adams failed to show that the City took any property requiring just compensation. Specifically, it determined that Adams failed to demonstrate a cognizable right that underlies its asserted protected property interest. According to Adams, the City took its property interest in its “vested rights in the legal nonconforming use” of its billboard. It alleges that a taking occurred because the City deprived it of all economically beneficial use of the west-facing side of its billboard, and therefore Adams is entitled to just compensation.

The City disagrees, arguing that Adams has failed to identify a recognized right sufficient to support its taking claim. Specifically, the City contends that property owners have no right to continued and unobstructed visibility of their property from a public road. Like the court of appeals, we determine that a right to visibility of private property from a public road is not a cognizable right giving rise to a protected property interest. Because Adams’ claim, in essence, rests on asserting this unrecognized right, its takings claim must fail. See Wis. Med. Soc’y, Inc. v. Morgan, 2010 WI 94, ¶38, 328 Wis. 2d 469, 787 N.W.2d 22. Accordingly, we affirm the decision of the court of appeals.

Affirmed

Concur:

Dissent: R.G. BRADLEY, J., dissents, joined by ROGGENSACK, C.J., and KELLY, J. (opinion filed).

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.