Total rental loss occasioned by the condemnation is compensable, and the limitation to one year's loss in 32.19 (4), 1969 Stats., is invalid. Luber v. Milwaukee County, 47 W (2d) 271, 177 NW (2d) 380.
A prohibition against filling in wetlands pursuant to an ordinance adopted under 59.971 and 144.26 does not amount to a taking of property unconstitutionally. Police powers vs. eminent domain discussed. Just v. Marinette County, 56 W (2d) 7, 201 NW (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, does not constitute a violation of this section. Soo Line RR. Co v. Neenah, 64 W (2d) 665, 221 NW (2d) 907.
In order for the petitioner to succeed in the initial stages of the inverse condemnation proceeding, it must allege facts that, prima facie at least, show there has been either an occupation of its property under 32.10, or a taking, which must be compensated under the terms of the Wisconsin Constitution. Howell Plaza, Inc. v. State Highway Comm. 66 W (2d) 720, 226 NW (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 were 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 W (2d) 187, 228 NW (2d) 173.
There must be a "taking" of property to justify compensation. DeBruin v. Green County, 72 W (2d) 464, 241 NW (2d) 167.
Condemnation power discussed. See also notes to 32.06 and 32.07 citing this case. Falkner v. Northern States Power Co. 75 W (2d) 116, 248 NW (2d) 885.
Ordering utility to place its power lines underground in order to expand airport constituted a taking because the public benefited from the enlarged airport. Public Service Corp. v. Marathon County, 75 W (2d) 442, 249 NW (2d) 543.
For inverse condemnation purposes, taking can occur absent physical invasion only where there is legally imposed restriction upon property's use. Howell Plaza, Inc. v. State Highway Comm. 92 W (2d) 74, 284 NW (2d) 887 (1979).
Doctrine of sovereign immunity cannot bar action for just compensation based on taking of private property for public use even though legislature has failed to establish specific provisions for recovery of just compensation. Zinn v. State, 112 W (2d) 417, 334 NW (2d) 67 (1983).
Zoning classification unconstitutionally deprived owners of property without due process of law. State ex rel. Nagawicka Is. Corp. v. Delafield, 117 W (2d) 23, 343 NW (2d) 816 (Ct. App. 1983).
Ordering riparian owner to excavate and maintain ditch to regulate lake level was unconstitutional taking of property. Otte v. DNR, 142 W (2d) 222, 418 NW (2d) 16 (Ct. App. 1987).
See note to 32.10, citing Reel Enterprises v. City of LaCrosse, 146 W (2d) 662, 431 NW (2d) 743 (Ct. App. 1988).
New York law that landlord must permit cable television company to install cable facilities upon property was compensable taking. Loretto v. Teleprompter Manhattan CATV Corp. 458 US 419 (1982).
The backing of water so as to overflow the lands of an individual, or any other superinduced addition of water, earth, sand, or other material, if done under statutes authorizing it for the public benefit, is a taking within the meaning of Art. I, sec. 13. Pumpelly v. Green Bay and Miss. Canal Co. 13 Wall. (U.S.) 166.
Compensation for lost rents. 1971 WLR 657.
I,14 Feudal tenures; leases; alienation. Section 14. All lands within the state are declared to be allodial, and feudal tenures are prohibited. Leases and grants of agricultural land for a longer term than fifteen years in which rent or service of any kind shall be reserved, and all fines and like restraints upon alienation reserved in any grant of land, hereafter made, are declared to be void.
I,15 Equal property rights for aliens and citizens. Section 15. No distinction shall ever be made by law between resident aliens and citizens, in reference to the possession, enjoyment or descent of property.
I,16 Imprisonment for debt. Section 16. No person shall be imprisoned for debt arising out of or founded on a contract, expressed or implied.
See note to 943.24, citing Locklear v. State, 86 W (2d) 603, 273 NW (2d) 334 (1979).
Sec. 943.20 (1) (e) does not unconstitutionally imprison one for debt. State v. Roth, 115 W (2d) 163, 339 NW (2d) 807 (Ct. App. 1983).
I,17 Exemption of property of debtors. Section 17. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted.
I,18 Freedom of worship; liberty of conscience; state religion; public funds. Section 18. [As amended Nov. 1982] The right of every person to worship Almighty God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend, erect or support any place of worship, or to maintain any ministry, without consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries. [1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
The contract requiring the state to pay an amount to Marquette University for the education of dental students (ch. 44, Laws 1971) violates the constitution. State ex rel. Warren v. Nusbaum, 55 W (2d) 316, 198 NW (2d) 650.
It is outside the province of a civil court to review the merits of a determination of a duly authorized ecclesiastical tribunal which has adhered to prescribed canonical procedure and which results in terminating a clergyman's relationship with his church. Olston v. Hallock, 55 W (2d) 687, 201 NW (2d) 35.
Section 115.85 (2) (d) does not violate this section since the primary effect is not the advancement of a religious organization but to provide special educational services to the handicapped children of Wisconsin, a clearly secular purpose. State ex rel. Warren v. Nusbaum, 64 W (2d) 314, 219 NW (2d) 577.
This section is not violated by the released time provisions of 118.155, where the statute accommodates rather than restricts the right of students to religious instruction, does not compel any student to participate in religious training, and does not involve the use or expenditure of public funds especially where the electorate approved an amendment to art. X, sec. 3, specifically authorizing enactment of a released time statute. State ex rel. Holt v. Thompson, 66 W (2d) 659, 225 NW (2d) 678.
For purposes of 121.51 (4), 1981 stats. [now 121.51 (1)] and in the absence of fraud or collusion, where a religious school demonstrates by its corporate charter and bylaws that it is independent of, and unaffiliated with, a religious denomination, further inquiry by the state would violate Art. I, sec. 18. Holy Trinity Community School v. Kahl, 82 W (2d) 139, 262 NW (2d) 210.
Refusal on religious grounds to send children to school was held to be a personal, philosophical choice by parents, rather than a protected religious expression. State v. Kasuboski, 87 W (2d) 407, 275 NW (2d) 101 (Ct. App. 1978).
Primary effect of health facilities authority under ch. 231 does not advance religion, nor does chapter foster excessive entanglement between church and state. State ex rel. Wis. Health Fac. Auth. v. Lindner, 91 W (2d) 145, 280 NW (2d) 773 (1979).
Meals served by religious order, in carrying out their religious work, were not, under circumstances, subject to Wisconsin sales tax for that portion of charges made to guests for lodging, food, and use of order's facilities. Kollasch v. Adamany, 104 W (2d) 552, 313 NW (2d) 47 (1981).
Constitutionality of state tuition grants to parents of resident pupils enrolled in private elementary or high schools discussed. 58 Atty. Gen. 163.
1971 Assembly Bill 1577 would violate the establishment clause of the First Amendment to the U.S. Const. and sec. 18. Guidelines to possibly avoid constitutional objection to CESA service contracts with private schools discussed. 62 Atty. Gen. 75.
Leasing of university buildings to a religious congregation during nonschool days and hours on a temporary basis while the congregation's existing facility is being renovated and leasing convention space to a church conference would not violate separation of church and state provisions of the First Amendment to U.S. Const. and sec. 18. 63 Atty. Gen. 374.
The department of public instruction may, if so authorized under 16.54, implement the school lunch program and special food service plan for children in secular and sectarian private schools and child-care institutions without violating the U.S. or Wisconsin Constitutions. 63 Atty. Gen. 473.
Funds received under Title I of the Elementary and Secondary Education Act may not be used to pay salaries of public school teachers teaching in church affiliated private schools. See 64 Atty. Gen. 139. 64 Atty. Gen. 136.
Establishment clause and this section prohibit public schools leasing classrooms from parochial schools to provide educational programs for parochial students. 67 Atty. Gen. 283.
See note to 16.845, citing 68 Atty. Gen. 217.
See note to 115.34, citing 69 Atty. Gen. 109.
Department of health and social services can constitutionally license and regulate community based residential facilities operated by religious organizations not exempt under 50.01 (1), 1985 stats. [now 50.01 (1g)] or 50.03 (9). 71 Atty. Gen. 112.
University of Wisconsin athletes may not engage in voluntary prayer led by coach prior to athletic event, although silent meditation or prayer organized by athletes may be undertaken within certain guidelines. 75 Atty. Gen. 81.
Scope of this section discussed. 75 Atty. Gen. 251 (1986).
Establishment Clause prohibits states from loaning instructional material to sectarian schools or providing auxiliary services to remedial and exceptional students in such schools. Meek v. Pittenger, 421 US 349.
In adjudicating church property dispute, state may adopt "neutral principles of law" analysis regarding deeds, applicable statutes, local church's charter and general church's constitution. Jones v. Walf, 443 US 595 (1979).
Statute does not contravene establishment clause if it has secular legislative purpose, its primary effect neither advances nor inhibits religion, and it does not excessively entangle government with religion. Committee for Public Education v. Regan, 444 US 646 (1980).
Representation of Ten Commandments as basis for legal code of western civilization violated establishment clause. Stone v. Graham, 449 US 39 (1980).
Denial of unemployment compensation to Jehovah's Witness who quit job due to religious beliefs was violation of free exercise right. Thomas v. Review Bd., Ind. Empl. Sec. Div. 450 US 707 (1981).
State fair rule which limited religious group to assigned booth in conducting its religious activities did not violate free exercise clause. Heffron v. Int'l Soc. for Krishna Consc. 452 US 640 (1981).
See note to Art. I, sec. 3, citing Widmar v. Vincent, 454 US 263 (1981).
Nativity scene displayed by city did not violate Establishment Clause. Lynch v. Donnelly, 465 US 668 (1984).
Due to setting and nature of display, menorah placed next to Christmas tree placed outside of city-county building did not violate establishment clause while prominent placement of creche inside courthouse did. Allegheny County v. Pittsburgh ACLU, 492 US , 106 LEd 2d 472 (1989).
Prohibition of peyote used in religious ceremony does not violate free exercise of religion. Employment Division v. Smith, 494 US , 108 LEd 2d 876 (1990).
Federal equal access act prohibits high schools from barring student religious club meetings on school premises when other "noncurriculum-related" clubs are allowed access. Westside Community Schools v. Mergens, 495 US , 110 LEd 2d 191 (1990).
Legislative mandate requiring reasonable accommodation of religious conduct does not violate establishment clause. Nottelson v. Smith Steel Wkrs. D.A.L.U. 19806, 643 F (2d) 445 (1981).
Nyquist and public aid to private education. Piekarski, 58 MLR 247.
The role of civil courts in church disputes. 1977 WLR 904.
First amendment-based attacks on Wisconsin "attendance area" statutes. 1980 WLR 409.
Brave new world revisited: Fifteen years of chemical sacraments. 1980 WLR 879.
I,19 Religious tests prohibited. Section 19. No religious tests shall ever be required as a qualification for any office of public trust under the state, and no person shall be rendered incompetent to give evidence in any court of law or equity in consequence of his opinions on the subject of religion.
I,20 Military subordinate to civil power. Section 20. The military shall be in strict subordination to the civil power.
I,21 Rights of suitors. Section 21. [As amended April 1977]
I,21,(1) (1) Writs of error shall never be prohibited, and shall be issued by such courts as the legislature designates by law.
I,21,(2) (2) In any court of this state, any suitor may prosecute or defend his suit either in his own proper person or by an attorney of the suitor's choice. [1975 J.R. 13, 1977 J.R. 7, vote April 1977]
I,22 Maintenance of free government. Section 22. The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.
I,23 Transportation of school children. Section 23. [As created April 1967] Nothing in this constitution shall prohibit the legislature from providing for the safety and welfare of children by providing for the transportation of children to and from any parochial or private school or institution of learning. [1965 J.R. 46, 1967 J.R. 13, vote April 1967]
Elementary Secondary Education Act funds may be used in dual enrollment programs to transport children from parochial schools to and from public schools. 65 Atty. Gen. 126.
I,24 Use of school buildings. Section 24. [As created April 1972] Nothing in this constitution shall prohibit the legislature from authorizing, by law, the use of public school buildings by civic, religious or charitable organizations during nonschool hours upon payment by the organization to the school district of reasonable compensation for such use. [1969 J.R. 38, 1971 J.R. 27, vote April 1972]
ARTICLE II.
BOUNDARIES
II,1 State boundary. Section 1. It is hereby ordained and declared that the state of Wisconsin doth consent and accept of the boundaries prescribed in the act of congress entitled "An act to enable the people of Wisconsin territory to form a constitution and state government, and for the admission of such state into the Union," approved August sixth, one thousand eight hundred and forty-six, to wit: Beginning at the northeast corner of the state of Illinois--that is to say, at a point in the center of Lake Michigan where the line of forty-two degrees and thirty minutes of north latitude crosses the same; thence running with the boundary line of the state of Michigan, through Lake Michigan, Green Bay, to the mouth of the Menominee river; thence up the channel of the said river to the Brule river; thence up said last-mentioned river to Lake Brule; thence along the southern shore of Lake Brule in a direct line to the center of the channel between Middle and South Islands, in the Lake of the Desert; thence in a direct line to the head waters of the Montreal river, as marked upon the survey made by Captain Cramm; thence down the main channel of the Montreal river to the middle of Lake Superior; thence through the center of Lake Superior to the mouth of the St. Louis river; thence up the main channel of said river to the first rapids in the same, above the Indian village, according to Nicollet's map; thence due south to the main branch of the river St. Croix; thence down the main channel of said river to the Mississippi; thence down the center of the main channel of that river to the northwest corner of the state of Illinois; thence due east with the northern boundary of the state of Illinois to the place of beginning, as established by "An act to enable the people of the Illinois territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states," approved April 18th, 1818.
II,2 Enabling act accepted. Section 2. [As amended April 1951] The propositions contained in the act of congress are hereby accepted, ratified and confirmed, and shall remain irrevocable without the consent of the United States; and it is hereby ordained that this state shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations congress may find necessary for securing the title in such soil to bona fide purchasers thereof; and in no case shall nonresident proprietors be taxed higher than residents. Provided, that nothing in this constitution, or in the act of congress aforesaid, shall in any manner prejudice or affect the right of the state of Wisconsin to 500,000 acres of land granted to said state, and to be hereafter selected and located by and under the act of congress entitled "An act to appropriate the proceeds of the sales of the public lands, and grant pre-emption rights," approved September fourth, one thousand eight hundred and forty-one. [1949 J.R. 11; 1951 J.R. 7; vote April 1951]
ARTICLE III.
SUFFRAGE.
III,1 Electors. Section 1. [As amended Nov. 1882, Nov. 1908, Nov. 1934; repealed April 1986; created April 1986] Every United States citizen age 18 or older who is a resident of an election district in this state is a qualified elector of that district. [1881 J.R. 26 A, 1882 J.R. 5, 1882 c. 272, vote Nov. 1882; 1905 J.R. 15, 1907 J.R. 25, 1907 c. 661, vote Nov. 1908; 1931 J.R. 91, 1933 J.R. 76, vote Nov. 1934; 1983 J.R. 30, 1985 J.R. 14, vote April 1986]
See note to 66.021, citing Washington v. Altoona, 73 W (2d) 250, 243 NW (2d) 404.
The legislature can amend the current election statutes, without referendum, so as to make said statutes conform with the Twenty-Sixth Amendment to the United States Constitution. 61 Atty. Gen. 89.
Proposal to amend statute to allow nonresident property owners to vote on metropolitan sewerage district bonds, in addition to electors, probably would require the proposal to be submitted to a vote of the electorate under sec. 1. 63 Atty. Gen. 391.
Constitutional law: residency requirements. 53 MLR 439.
III,2 Implementation. Section 2. [As repealed April 1986; created April 1986] Laws may be enacted:
III,2,(2) (2) Providing for registration of electors.
III,2,(4) (4) Excluding from the right of suffrage persons:
III,2,(4)(a) (a) Convicted of a felony, unless restored to civil rights.
III,2,(4)(b) (b) Adjudged by a court to be incompetent or partially incompetent, unless the judgment specifies that the person is capable of understanding the objective of the elective process or the judgment is set aside.
III,2,(5) (5) Subject to ratification by the people at a general election, extending the right of suffrage to additional classes. [1983 J.R. 30, 1985 J.R. 14, vote April 1986]
Disenfranchisement of felons does not deny them equal protection. Richardson v. Ramirez, 418 US 24.
