Legal Opinion · Dissent

City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Authority of Milwaukee

Wisconsin Supreme Court

Decided July 17, 2009No. 2006AP2866Published

1DissentDavid T. Prosser, J.

¶ 89. (dissenting). "Property must be secured or liberty cannot exist." John Adams 1791.1

¶ 90. The protection of private property is one of the principal objectives of the United States Constitution.2 The original constitution prohibited the states from passing any "law impairing the obligation of contracts."3 The Fifth Amendment added that "[n]o person shall... be deprived of... property, without due process of law; nor shall private property be taken for public use, without just compensation." The Fourteenth Amendment imposed the due process limitation upon the states, and the United States…

2Cases cited45 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. United States v. MillerSupreme Court of the United States · 1943
  3. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  4. Armstrong v. United StatesSupreme Court of the United States · 1960
  5. Dolan v. City of TigardSupreme Court of the United States · 1994

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