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Marquette University Law School

Property Law and Real Estate

Wisconsin

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

Murr And Wisconsin: The Badger State's Take On Regulatory Takings Sep 2018

Murr And Wisconsin: The Badger State's Take On Regulatory Takings

Marquette Law Review

None.


Sharing Is Caring: Regulating Rather Than Prohibiting Home Sharing In Wisconsin, Apallonia C. Wilhelm Mar 2018

Sharing Is Caring: Regulating Rather Than Prohibiting Home Sharing In Wisconsin, Apallonia C. Wilhelm

Marquette Law Review

None


A Breach Of Trust: Rock-Koshkonong Lake District V. State Department Of Natural Resources And Wisconsin's Public Trust Doctrine, Anne-Louise Mittal Apr 2015

A Breach Of Trust: Rock-Koshkonong Lake District V. State Department Of Natural Resources And Wisconsin's Public Trust Doctrine, Anne-Louise Mittal

Marquette Law Review

Wisconsin has a particularly notable tradition of using the public trust doctrine aggressively to protect the state’s natural resources. The general thrust of the doctrine’s evolution in Wisconsin has been expansion beyond the doctrine’s traditional application to waters navigable for commercial purposes. Emblematic of such expansion is the Wisconsin Supreme Court’s decision in Just v. Marinette County, which scholars have characterized as a landmark extension of the public trust doctrine to non- navigable wetlands adjacent to navigable waters. In light of this tradition, it is unsurprising that the Wisconsin Supreme Court’s recent pronouncement that the Department of Natural Resources …


Picking Up The Remnants Post-Waller: Properly Limiting The Scope Of Uneconomic Remnant Claims In Wisconsin Eminent Domain Proceedings, Samuel A. Magnuson Apr 2015

Picking Up The Remnants Post-Waller: Properly Limiting The Scope Of Uneconomic Remnant Claims In Wisconsin Eminent Domain Proceedings, Samuel A. Magnuson

Marquette Law Review

Statutory interpretation often requires a court to review the legislative intent behind the statute. However, this task is not always easily undertaken when the intent of the legislature is itself unclear. A recent Wisconsin Supreme Court case illustrates the difficulty in properly interpreting arguably ambiguous statutory language. Nevertheless, this Comment hopes to demonstrate that by examining the history of remnant theory, it should be clear that uneconomic remnant claims in eminent domain proceedings were intended to be limited to situations where the partial taking creates either a physical remnant or a financial remnant. Furthermore, this Comment argues that the Wisconsin …