Dredging a navigable waterway to alleviate periodic flooding is not a prohibited "work of internal improvement". 69 Atty. Gen. 176.
The state's issuance of general obligation bonds to fund private construction for pollution abatement purposes does not violate Art. VIII, secs. 3 and 10, or the public purpose doctrine. 74 Atty. Gen. 25.
A new look at internal improvements and public purpose rules. Eich, 1970 WLR 1113.
EMINENT DOMAIN AND PROPERTY OF THE STATE
IX,1 Jurisdiction on rivers and lakes; navigable waters. Section 1. The state shall have concurrent jurisdiction on all rivers and lakes bordering on this state so far as such rivers or lakes shall form a common boundary to the state and any other state or territory now or hereafter to be formed, and bounded by the same; and the river Mississippi and the navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the state as to the citizens of the United States, without any tax, impost or duty therefor.
The boating registration law does not violate this section. State v. Jackman, 60 Wis. 2d 700, 211 N.W.2d 480.
There is no constitutional barrier to the application of s. 30.18, regulating diversion of water, to nonnavigable waters. Omernik v. State, 64 Wis. 2d 6, 218 N.W.2d 734.
The term "forever free" does not refer to physical obstructions but to political regulations that would hamper the freedom of commerce. Capt. Soma Boat Line v. Wisconsin Dells, 79 Wis. 2d 10, 255 N.W.2d 441.
A fisherman who violated Minnesota and Wisconsin fishing laws while standing on the Minnesota bank of the Mississippi was subject to Wisconsin prosecution. State v. Nelson, 92 Wis. 2d 855, 285 N.W.2d 924 (Ct. App. 1979)
An ordinance that provided for exclusive temporary use of a portion of a lake for public water exhibition licensees did not offend the public trust doctrine. State v. Village of Lake Delton, 93 Wis. 2d 78, 286 N.W.2d 622 (Ct. App. 1979).
It is appropriate to extend the public trust doctrine to include navigable waters and the shores appurtenant to ensure public access and free use of waters. State v. Town of Linn, 205 Wis. 2d 426, 556 N.W.2d 394 (Ct. App. 1996).
A cause of action cannot be based only on a general allegation of a violation of the public trust doctrine. Borsellino v. DNR, 2000 WI App 27, 232 Wis. 2d 430, 605 N.W.2d 255.
Portages have lost the protection of the public trust doctrine under this section. 75 Atty. Gen. 89.
The "Invisible Lien": Public Trust Doctrine Impact on Real Estate Development in Wisconsin. Harrington. Wis. Law. May 1996.
IX,2 Territorial property. Section 2. The title to all lands and other property which have accrued to the territory of Wisconsin by grant, gift, purchase, forfeiture, escheat or otherwise shall vest in the state of Wisconsin.
IX,3 Ultimate property in lands; escheats. Section 3. The people of the state, in their right of sovereignty, are declared to possess the ultimate property in and to all lands within the jurisdiction of the state; and all lands the title to which shall fail from a defect of heirs shall revert or escheat to the people.
EDUCATION
X,1 Superintendent of public instruction. Section 1. [As amended Nov. 1902 and Nov. 1982] The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct; and their qualifications, powers, duties and compensation shall be prescribed by law. The state superintendent shall be chosen by the qualified electors of the state at the same time and in the same manner as members of the supreme court, and shall hold office for 4 years from the succeeding first Monday in July. The term of office, time and manner of electing or appointing all other officers of supervision of public instruction shall be fixed by law. [1899 J.R. 16, 1901 J.R. 3, 1901 c. 258, vote Nov. 1902; 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
This section confers no more authority upon school officers than that delineated by statute. Arbitration Between West Salem & Fortney, 108 Wis. 2d 167, 321 N.W.2d 225 (1982).
The legislature may not give any "other officer" authority equal or superior to that of the state superintendent. Thompson v. Craney, 199 Wis. 2d 674, 546 N.W.2d 123 (1996).
X,2 School fund created; income applied. Section 2. [As amended Nov. 1982] The proceeds of all lands that have been or hereafter may be granted by the United States to this state for educational purposes (except the lands heretofore granted for the purposes of a university) and all moneys and the clear proceeds of all property that may accrue to the state by forfeiture or escheat; and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, and all moneys arising from any grant to the state where the purposes of such grant are not specified, and the 500,000 acres of land to which the state is entitled by the provisions of an act of congress, entitled "An act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights," approved September 4, 1841; and also the 5 percent of the net proceeds of the public lands to which the state shall become entitled on admission into the union (if congress shall consent to such appropriation of the 2 grants last mentioned) shall be set apart as a separate fund to be called "the school fund," the interest of which and all other revenues derived from the school lands shall be exclusively applied to the following objects, to wit:
X,2(1) (1) To the support and maintenance of common schools, in each school district, and the purchase of suitable libraries and apparatus therefor.
X,2(2) (2) The residue shall be appropriated to the support and maintenance of academies and normal schools, and suitable libraries and apparatus therefor. [1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
The clear proceeds of fines imposed (at least 50% under 59.20 (8)) after the accused forfeits a deposit by nonappearance must be sent to the state treasurer for the school fund. 58 Atty. Gen. 142.
Money resulting from state forfeitures action under ss. 161.555 [now 961.555] and 973.075 (4) must be deposited in the school fund. Money granted to the state after a federal forfeiture proceeding need not be. 76 Atty. Gen. 209.
X,3 District schools; tuition; sectarian instruction; released time. Section 3. [As amended April 1972] The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition to all children between the ages of 4 and 20 years; and no sectarian instruction shall be allowed therein; but the legislature by law may, for the purpose of religious instruction outside the district schools, authorize the release of students during regular school hours. [1969 J.R. 37, 1971 J.R. 28, vote April 1972]
The constitution does not require that school districts be uniform in size or equalized valuation. Larson v. State Appeal Bd. 56 Wis. 2d 823, 202 N.W.2d 920.