League of Wisconsin Municipalities
Description of Assembly "Takings" Legislation


March 23, 1998
Contact Person:  Kathy Bull, Assistant Director
League of Wisconsin Municipalities
202 State St.
Madison, WI 53703
(608) 267-2380    Fax: (608) 267-0645

Assembly Bill 806, as amended by Assembly Substitute Amendment 1, creates a new, lower threshold for "takings" compensation than currently provided by the Unites States Constitution.  The courts have crafted a fair and appropriate balance between the constitutional rights of a property owner and the constitutional rights of the community.  We understand that several other amendments may be offered to improve the bill.  No amendment, however, can "fix" the fatal flaws inherent in lowering the threshold for "takings" compensation that A.B. 806 would impose on the taxpayers of this state.

We ask you to vote no on A.B. 806.  This bill cannot be "fixed."
 

Assembly Bill 807 would require municipalities to maintain a registry of private property owners who wish to be notified of proposed zoning actions that may affect their property.  While such a bookkeeping system may work in a rural town government, it is impractical in an urban community with thousands of property owners.  Under this bill, if an affected property owner does not receive notice, then the new ordinance or regulation does not apply to that person's property.  Under this bill, ignorance of the law becomes an excuse for violating land use ordinances and regulations.  This in turn would lead to piecemeal application of zoning ordinances and all other land use standards.

Current law already requires public hearings, open meetings, public records, newspaper publications, and other provisions designed to inform citizens of proposed zoning actions.  An additional "registry" of property
owners would serve no useful purpose.

The League of Wisconsin Municipalities urges you to vote no on AB 807.
 

Assembly Bill 809 makes a number of confusing changes in the requirements for approving a plat.  The League opposed the original bill because it eliminated compliance with any local master plan as a condition for plat approval.  This bill as amended appears to require that a master plan be consistent with previously adopted zoning ordinances.  That would reverse the normal procedure.

Under current law, municipalities first approve their master plan, and then they adopt zoning ordinances to implement the master plan.  That is a simple and logical sequence.  It works just fine and should be left in place.

The League of Wisconsin Municipalities urges you to vote no on AB 809.
 

Assembly Bill 810 as amended would allow plaintiffs to collect litigation expenses under certain circumstances when a circuit court overturns a decision by a local zoning board of appeals.  A zoning board of appeals is itself a quasi-judicial body charged with interpreting local zoning ordinances and granting variances where appropriate and reasonable.  We should respect and support the hard work done by average citizens who serve on our local zoning boards of appeal.

The League of Wisconsin Municipalities urges you to vote no on AB 810.
 

We ask you to vote no on Assembly Bills 806, 807, 809, 810, and any similar bills that may come before you in the final days of the 1997-98 legislative session.  Thank you.