Legal Opinion
(1972)
Wisconsin Attorney General Reports
Decided January 28, 1972Published
1Opinion of the Court
STATE DEPARTMENT OF TRANSPORTATION
You have requested my opinion on the following question:
"Within the powers granted by the Constitution and the Statutes of Wisconsin, does the State Highway Commission have the authority to condemn or otherwise acquire the lands of one person for the sole reason of providing access (across the said lands) from the lands of a second person to the State Trunk Highway System, where the lands of the said second person would otherwise be landlocked?"
We find no Wisconsin case law directly in point. However, case law in other states overwhelmingly supports an…
2Cases cited11 opinions
- Berman v. ParkerSupreme Court of the United States · 1954
- Luke v. Massachusetts Turnpike AuthorityMassachusetts Supreme Judicial Court · 1958
- STATE, BY STATE H. COMMR. v. Totowa Lum. & Sup. Co.New Jersey Superior Court Appellate Division · 1967
- Sturgill v. Commonwealth, Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1964
- Commonwealth, Department of Highways v. BurchettCourt of Appeals of Kentucky (pre-1976) · 1963
6 more not listed; retrieve them via the Exa API.