Legal Opinion

More-Way North Corp. v. State Highway Commission

Wisconsin Supreme Court

Decided October 3, 1969No. 134PublishedCited by 14 opinions

1Opinion of the CourtWilkie, J.

The central issue on this appeal is whether there was a taking of More-Way property for public use entitling More-Way to just compensation under the requirements of the Wisconsin Constitution, which provides, under art. I, sec. 13, as follows:

“The property of no person shall be taken for public use without just compensation therefor.”

This constitutional term “just compensation” has never been construed as requiring payment for all injuries imposed upon persons or property by acts of government.

There is a distinction between the power of eminent domain, which is assumed to be concurrent with…

2Cases cited14 opinions

  1. United States v. Willow River Power Co.Supreme Court of the United States · 1945
  2. State Ex Rel. Saveland Park Holding Corp. v. WielandWisconsin Supreme Court · 1955
  3. Carazalla v. StateWisconsin Supreme Court · 1955
  4. Stefan Auto Body v. State Highway CommissionWisconsin Supreme Court · 1963
  5. Wisconsin Power & Light Co. v. Columbia CountyWisconsin Supreme Court · 1958

9 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Just v. Marinette CountyWisconsin Supreme Court · 1972
  2. Luber v. Milwaukee CountyWisconsin Supreme Court · 1970
  3. Howell Plaza, Inc. v. State Highway CommissionWisconsin Supreme Court · 1979
  4. 118th Street Kenosha, LLC v. Wisconsin Department of TransportationWisconsin Supreme Court · 2014
  5. Howell Plaza, Inc. v. State Highway CommissionWisconsin Supreme Court · 1975

9 more not listed; retrieve them via the Exa API.

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