Justices to hear property rights dispute over land

Associated Press

WASHINGTON

The Murr family’s path to the Supreme Court began on the scenic banks of Wisconsin’s St. Croix River, when a group of siblings tried to sell one of two waterfront plots.

The idea was to use the money from the vacant lot to pay for improvements on a rustic cabin that sits on the parcel next door. But county officials nixed the sale for violating local conservation rules and treated the lots as a single property that can’t be split up.

Family members say that move unfairly stripped the vacant lot of its value, which has been assessed at $400,000. The legal fight has turned into an important property rights case that could make it tougher for states to regulate development in coastal areas.

“We felt our rights had been violated,” said Donna Murr, one of four family members who sued the state of Wisconsin and St. Croix County. “If the government is going to take your property, they need to pay for it.”

Today, justices hear arguments in the case, which has garnered attention from property-rights and business groups that want government officials to pay when regulations restrict property use. The dispute has more than a dozen states lining up on opposite sides.

The Constitution requires compensation if the government takes away a property’s economic value. If the high court sides with the Murrs, it could become easier for landowners to get paid when government rules make their property less valuable.

More than 100 cities and counties across the country – including Miami, New Orleans, Pittsburgh and Minneapolis – have similar “merger” restrictions that treat two properties as one if they have the same owner, according to a brief filed by the National League of Cities and other groups.