The Supreme Court Misses the Mark in Murr v. Wisconsin – It’s High Time to Reconcile Regulatory and Physical Takings Law

Truth on the Market

  1. Background: The Murr v. Wisconsin Case

On June 23, in a 5-3 decision by Justice Anthony Kennedy (Justice Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan joined; Justice Neil Gorsuch did not participate), the U.S. Supreme Court upheld  the Wisconsin State Court of Appeals’ ruling that two waterfront lots should be treated as a single unit in a “regulatory takings” case.  The Murrs are siblings who inherited two adjacent waterfront properties from their parents, and they wanted to sell one of the lots and develop the other.  Unfortunately for the Murrs, the lots had been merged under local zoning regulations, and the local county board of assessments denied the Murrs’ request for a zoning variance to allow their plan to proceed.

The Murrs challenged this in state court, arguing that the state had effectively taken their second property by depriving them of practically all use without paying just…

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