A statute is an ex post facto law only if it imposes punishment. In Muldrow, 2018 WI 52, the court determined that neither the intent nor the effect of lifetime global positioning system (GPS) tracking is punitive. Thus, GPS tracking does not violate the ex post facto clause. Kaufman v. Walker, 2018 WI App 37, 382 Wis. 2d 774, 915 N.W.2d 193, 17-0085. Discussing constitutionality of rent control. 62 Atty. Gen. 276.
I,13Private property for public use. Section 13. The property of no person shall be taken for public use without just compensation therefor. The dismissal of an appeal for lack of prosecution in a condemnation action did not violate the condemnee’s right to just compensation. Taylor v. State Highway Comm., 45 Wis. 2d 490, 173 N.W.2d 707. The total rental loss occasioned by a condemnation is compensable, and a limitation to one year’s loss was invalid. Luber v. Milwaukee County, 47 Wis. 2d 271, 177 N.W.2d 380. A prohibition against filling in wetlands pursuant to an ordinance adopted under ss. 59.971 and 144.26 [now ss. 59.692 and 281.31] does not amount to a taking of property. Police powers and eminent domain are compared. Just v. Marinette County, 56 Wis. 2d 7, 201 N.W.2d 761. A special assessment against a railroad for a sanitary sewer laid along the railroad’s right-of-way, admittedly of no immediate use or benefit to the railroad, did not constitute a violation of this section. Soo Line RR. Co v. Neenah, 64 Wis. 2d 665, 221 N.W.2d 907. In order for the petitioner to succeed in the initial stages of an inverse condemnation proceeding, it must allege facts that, prima facie at least, show there has been either an occupation of its property under s. 32.10, or a taking, which must be compensated under the constitution. Howell Plaza, Inc. v. State Highway Comm., 66 Wis. 2d 720, 226 N.W.2d 185. The owners of private wells ordered by the department of natural resources to seal them because of bacteriological danger are not entitled to compensation because such orders are a proper exercise of the state’s police power to prevent a public harm, for which compensation is not required. Village of Sussex v. Dept. of Natural Resources, 68 Wis. 2d 187, 228 N.W.2d 173. Ordering a utility to place its power lines under ground in order to expand an airport constituted a taking because the public benefited from the enlarged airport. Public Service Corp. v. Marathon County, 75 Wis. 2d 442, 249 N.W.2d 543. For inverse condemnation purposes, a taking can occur absent a physical invasion only when there is a legally imposed restriction upon the property’s use. Howell Plaza, Inc. v. State Highway Comm., 92 Wis. 2d 74, 284 N.W.2d 887 (1979). The doctrine of sovereign immunity cannot bar an action for just compensation based on the taking of private property for public use even though the legislature has failed to establish specific provisions for recovery of just compensation. Zinn v. State, 112 Wis. 2d 417, 334 N.W.2d 67 (1983). Zoning classifications may unconstitutionally deprive property owners of due process of law. State ex rel. Nagawicka Is. Corp. v. Delafield, 117 Wis. 2d 23, 343 N.W.2d 816 (Ct. App. 1983). Ordering a riparian owner to excavate and maintain a ditch to regulate a lake level was an unconstitutional taking of property. Otte v. DNR, 142 Wis. 2d 222, 418 N.W.2d 16 (Ct. App. 1987). A taking by government restriction occurs only if the restriction deprives the owner of all or practically all use of property. Busse v. Dane County Regional Planning Comm., 181 Wis. 2d 527, 510 N.W.2d 136 (Ct. App. 1993). A taking claim is not ripe for judicial review until the government agency charged with implementing applicable regulations has made a final decision applying the regulations to the property at issue. Taking claims based on equal protection or due process grounds must meet the ripeness requirement. Streff v. Town of Delafield, 190 Wis. 2d 348, 526 N.W.2d 822 (Ct. App. 1994). Damage to property is not compensated as a taking. For flooding to be a taking it must constitute a permanent physical occupation of property. Menick v. City of Menasha, 200 Wis. 2d 737, 547 N.W.2d 778 (Ct. App. 1996), 95-0185. A constructive taking occurs when government regulation renders a property useless for all practical purposes. Taking jurisprudence does not allow dividing the property into segments and determining whether rights in a particular segment have been abrogated. Zealy v. City of Waukesha, 201 Wis. 2d 365, 548 N.W.2d 528 (1996), 93-2381. Section 32.10 does not govern inverse condemnation proceedings seeking just compensation for a temporary taking of land for public use. Such takings claims are based directly on this section. Anderson v. Village of Little Chute, 201 Wis. 2d 467, 549 N.W.2d 561 (Ct. App. 1996), 95-1677. The mandate of just compensation cannot be limited by statute or barred by sovereign immunity. Just compensation is not measured by the economic benefit to the state resulting from the taking, but by the property owner’s loss. Just compensation is for property presently taken and necessarily means the property’s present value presently paid, not its present value to be paid at some future time without interest. Retired Teachers Ass’n v. Employee Trust Funds Board, 207 Wis. 2d 1, 558 N.W.2d 83 (1997), 94-0712. A municipality may constitutionally retain the excess proceeds of a tax lien foreclosure and sale if there has been notice sufficient to meet due process requirements. Due process does not require notices to state that should the tax lien be foreclosed and property sold the municipality may retain all the proceeds. Ritter v. Ross, 207 Wis. 2d 476, 558 N.W.2d 909 (Ct. App. 1996), 95-1941. But see Tyler v. Hennepin County, 598 U.S. ___, 143 S. Ct. 1369, 215 L. Ed. 2d 564 (2023). The reversal of an agency decision by a court does not convert an action that might have otherwise been actionable as a taking into one that is not. Once there has been sufficient deprivation of use of property, there has been a taking even though the property owner regains full use of the land through rescission of the restriction. Eberle v. Dane County Board of Adjustment, 227 Wis. 2d 609, 595 N.W.2d 730 (1999), 97-2869. When a regulatory taking claim is made, the plaintiff must prove: 1) a government restriction or regulation is excessive and therefore constitutes a taking; and 2) any proffered compensation is unjust. Eberle v. Dane County Board of Adjustment, 227 Wis. 2d 609, 595 N.W.2d 730 (1999), 97-2869. A condemnation of property for a highway that was never built because an alternative route was found constituted a temporary taking entitling the owner to compensation, but not to attorney fees as there is no authority to award fees for an action brought directly under this section. Stelpflug v. Town of Waukesha, 2000 WI 81, 236 Wis. 2d 275, 612 N.W.2d 700, 97-3078. A claimant who asserted ownership of condemned land, compensation for which was awarded to another as owner with the claimant having had full notice of the proceedings, could not institute an inverse condemnation action because the municipality had exercised its power of condemnation. Koskey v. Town of Bergen, 2000 WI App 140, 237 Wis. 2d 284, 614 N.W.2d 845, 99-2192. A property owner who acquires property knowing that permits are required for development cannot presume that the permits will be granted and assumes the risk of loss in the event of denial. R.W. Docks & Slips v. State, 2000 WI App 183, 238 Wis. 2d 182, 617 N.W.2d 519, 99-2904.