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An affiliate of Wisconsin Manufacturers & Commerce

WMC Litigation Center Files an Amicus Brief in Backus v. Waukesha County Case

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.

Read the full amicus brief here.