Kamrowski v. State

Plaintiffs contend that “scenic easements” cannot constitutionally be taken from them by the state even though just compensation be determined and paid. Their basic attack appears to be that public enjoyment of scenic beauty of certain land is not a public use of such land and that there are not sufficient standards limiting the action of the commission.

There is a considerable body of legislative history which clarifies the concept of “scenic easement.”

In 1939, the legislature enacted sec. 84.105, Stats. It declared the intent of assenting to any act of Congress authorizing the development of…