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The Preeminent Domain

An Eminent Domain and Land Use Blog

Category: Miscellaneous

Throwing the Challenge Flag: Can States Use Eminent Domain to Keep Sports Teams from Moving?

If a sports franchise wants to relocate, it must get the permission of its league. But, what happens when the city that it wants to leave objects? How far can a city go to keep its team? Can it use its eminent domain powers to acquire the team and keep it in the city? Maryland tried to use eminent domain in 1984 when it threatened to seize the Baltimore Colts to prevent the team from relocating to Indianapolis. This threat... Read More ›
Michelle Martin
Michelle Martin
December 29, 2020

Under Some Circumstances, State-Owned Property Can Still Be Adversely Possessed

Wisconsin’s adverse possession laws have changed significantly over the past fifty years. One of the biggest changes occurred in 2016 when the Wisconsin State Legislature enacted Wis. Stat. § 893.29(1). This statute prevents land held by Wisconsin’s state and local government entities from being adversely possessed. Notably, though, this statute does not affect title to or interest in property obtained on or before March 3, 2016. While seemingly straightforward, in cases where the period of adverse possession began before Wis.... Read More ›
October 2, 2020

U.S. Supreme Court: Fifth Amendment Takings Claims Can Skip State Court

Axley attorney Sara Beachy is quoted in a recent article posted on Inside Track, discussing the Supreme Court’s recent decision in Knick v. Township of Scott, Pennsylvania. Knick paves the way for federal court claims in the area of eminent domain. Read the article here.
Sara Beachy
Sara Beachy
September 4, 2019

In a Turnabout, SCOTUS Now Says Federal Takings Claims are Ripe When the Government Fails to Compensate Property Owners

By Sara K. Beachy and Amy T. Harriman Overruling 34 years of precedent, the United States Supreme Court recently ruled that when the government takes private property without paying just compensation, the owner has an actionable claim under the federal Takings Clause at the time of the taking. In Knick v. Township of Scott, the Court overruled a 1985 decision, Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, which required owners to first seek compensation through state courts before filing... Read More ›
Sara Beachy
Sara Beachy
July 3, 2019

Court Confirms Agricultural Land Tax Does Not Rest on Economic Activity

Property tax assessment law isn’t eminent domain, but it’s close enough that we stay abreast of it anyway. Check out this synopsis of a recent court of appeals case involving what constitutes an “agricultural use” for purposes of Wisconsin property tax law. You can read the whole case, Peter Ogden Family Trust of 2008 v. Bd. of Review for the Town of Delafield, here.  
Sara Beachy
Sara Beachy
May 24, 2019

U.S. Supreme Court to Hear Oral Argument 3/20 in Murr v. Wisconsin

The U.S. Supreme Court is gearing up to hear oral argument in a Wisconsin regulatory taking case, Murr v. Wisconsin, on Monday, March 20. Murr involves a family cabin on the shores of the St. Croix River in northwestern Wisconsin. We previously discussed this case last year. SCOTUSblog has an excellent issue summary and argument preview here. Unfortunately, the only way to listen to the argument live is to get a spot in the courtroom.  You can get transcripts on the same day as argument. Audio is posted at the... Read More ›
Sara Beachy
Sara Beachy
October 31, 2017

“Controlled-Access Highway” Allows the DOT to Control More Than Just the Highway

This article is co-authored by Attorneys Michelle Martin and Sara Beachy. The Wisconsin Supreme Court recently decided Hoffer Properties, LLC v. State of Wisconsin, Department of Transportation, a case involving the elimination of a property’s direct access points to a controlled-access highway.  In Hoffer, the Wisconsin DOT took two actions: (1) eliminated Hoffer’s direct access to State Trunk Highway 19 in Jefferson County, Wisconsin; and (2) acquired a portion of Hoffer’s property to extend a road to be able to... Read More ›