The WMC Litigation Center filed an amicus brief in Backus v. Waukesha County. The amicus brief calls on the Wisconsin Supreme Court to make clear a property owner’s constitutional entitlement to just compensation for a temporary limited easement. The amicus brief argues that a property owner is statutorily and constitutionally entitled to just compensation for any government-authored invasion of private property, including a temporary limited easement.
The brief further argues that the method for determining compensation varies based on the facts of a given case. Some court decisions suggest that compensation for a temporary taking of property should be based on the property’s “rental value.” This brief acknowledges that sometimes just compensation for a temporary easement can include more than the rental value of the property taken and should be tailored to the facts on a case by case basis.