Carazalla v. State

CourtUnited States State Supreme Court of Wisconsin
Citation269 Wis. 593,71 N.W.2d 276
PartiesCharles CARAZALLA et al., Respondents, v. STATE of Wisconsin and Marathon County Highway Commission, Appellants.
Decision Date28 June 1955

Page 276

71 N.W.2d 276
269 Wis. 593
Charles CARAZALLA et al., Respondents,
v.
STATE of Wisconsin and Marathon County Highway Commission, Appellants.
Supreme Court of Wisconsin.
June 28, 1955.

Page 277

[269 Wis. 596] Vernon W. Thomson, Atty. Gen., Richard E. Barrett, Asst. Atty. Gen., [269 Wis. 597] Robert C. Altman, Dist. Atty., Wausau, for appellants.

Genrich, Terwilliger, Wakeen, Piehler & Conway, Wausau, for respondents.

Stephens, Bieberstein, Cooper & Bruemmer, Madison, amicus curiae.

[269 Wis. 608A] CURRIE, Justice.

The briefs submitted by the attorney general and by American Automobile Association, amicus curiae, in support of the defendants' motion for rehearing stress the argument that any loss of commercial value to the plaintiffs' remaining lands is due to the exercise of the state's police power and not to a taking by eminent domain. This is because the designation of relocated United States Highway 51 as a 'controlled-access' highway is grounded upon an exercise of the police power.

The general rule is that damage resulting to property through the exercise of the police power is not compensable. 1 We consider the following statement appearing in 11 McQuillin, Municipal Corporations (3rd ed.) p. 319, sec. 32.27, to be particularly pertinent to the facts of the instant case:

'The question of what constitutes a taking is often interwoven with the question of whether a particular act is an exercise of the police power or of

Page 278

the power of eminent domain. If the act is a proper exercise of the police power, the constitutional provision that private property shall not be taken for public use, unless compensation is made, is not applicable.'

Limited-access highways and their effect upon the rights of abutting property owners to compensation are the subject of three excellent law review articles 2 in which are cited [269 Wis. 608B] the court decisions bearing on the question. The authors of all three articles agree that the limiting of access to a public highway through governmental action results from the exercise of the police power, and that in the case of a newly laid out or relocated highway, where no prior right of access existed on the part of abutting land owners, such abutting land owners are not entitled to compensation. On the other hand, the authorities cited in these articles hold that where an existing highway is converted into a limited-access highway with a complete blocking of all access from the land of...

To continue reading

Request your trial
50 practice notes
  • Hoffer Props., LLC v. State, No. 2012AP2520.
    • United States
    • United States State Supreme Court of Wisconsin
    • February 4, 2016
    ...route rather than a direct one is a lawful—if regrettable—result of controlling access. See, e.g., Carazalla v. State, 269 Wis. 593, 71 N.W.2d 276 (1955) (holding that circuity of travel is not a compensable item of damages); Nick, 13 Wis.2d at 514, 109 N.W.2d 71 ("if no land is taken for t......
  • Darnall v. State, No. 9859
    • United States
    • Supreme Court of South Dakota
    • March 3, 1961
    ...P.2d 157; Board of Com'rs of Santa Fe County v. Slaughter, 49 N.M. 141, 158 P.2d 859; Carazalla v. State, 269 Wis. 593, 70 N.W.2d 208, 71 N.W.2d 276; 25 Am.Jur., Highways, Sec. 263; 40 C.J.S. Highways Sec. 232; notes in 97 A.L.R. 185; 118 A.L.R. 921 and 43 A.L.R.2d 1072. Curbs or median str......
  • St. Clair County v. Bukacek, 7 Div. 447
    • United States
    • Supreme Court of Alabama
    • March 23, 1961
    ...right of access arises in the abutting owner. For other cases not cited supra, see also Carazalla v. State, 269 Wis. 593, 70 N.W.2d 208, 71 N.W.2d 276; Lehman v. Iowa State Highway Commission, Iowa 1959, 99 N.W.2d 404; Medearis v. State, Okl.1959, 341 P.2d 607; Smick v. Commonwealth, Ky. 19......
  • 118th St. Kenosha, LLC v. Wis. Dep't of Transp., No. 2012AP2784.
    • United States
    • United States State Supreme Court of Wisconsin
    • December 10, 2014
    ...circuit court did not err by allowing that evidence. Id. at 606–08, 70 N.W.2d 208.¶ 46 On rehearing in Carazalla v. State, 269 Wis. 593, 71 N.W.2d 276 (1955) (“Carazalla II ”), however, we made clear that the court erred in admitting such evidence. Justice Currie's unanimous opinion thus co......
  • Request a trial to view additional results
50 cases
  • Hoffer Props., LLC v. State, No. 2012AP2520.
    • United States
    • United States State Supreme Court of Wisconsin
    • February 4, 2016
    ...route rather than a direct one is a lawful—if regrettable—result of controlling access. See, e.g., Carazalla v. State, 269 Wis. 593, 71 N.W.2d 276 (1955) (holding that circuity of travel is not a compensable item of damages); Nick, 13 Wis.2d at 514, 109 N.W.2d 71 ("if no land is taken for t......
  • Darnall v. State, No. 9859
    • United States
    • Supreme Court of South Dakota
    • March 3, 1961
    ...P.2d 157; Board of Com'rs of Santa Fe County v. Slaughter, 49 N.M. 141, 158 P.2d 859; Carazalla v. State, 269 Wis. 593, 70 N.W.2d 208, 71 N.W.2d 276; 25 Am.Jur., Highways, Sec. 263; 40 C.J.S. Highways Sec. 232; notes in 97 A.L.R. 185; 118 A.L.R. 921 and 43 A.L.R.2d 1072. Curbs or median str......
  • St. Clair County v. Bukacek, 7 Div. 447
    • United States
    • Supreme Court of Alabama
    • March 23, 1961
    ...right of access arises in the abutting owner. For other cases not cited supra, see also Carazalla v. State, 269 Wis. 593, 70 N.W.2d 208, 71 N.W.2d 276; Lehman v. Iowa State Highway Commission, Iowa 1959, 99 N.W.2d 404; Medearis v. State, Okl.1959, 341 P.2d 607; Smick v. Commonwealth, Ky. 19......
  • 118th St. Kenosha, LLC v. Wis. Dep't of Transp., No. 2012AP2784.
    • United States
    • United States State Supreme Court of Wisconsin
    • December 10, 2014
    ...circuit court did not err by allowing that evidence. Id. at 606–08, 70 N.W.2d 208.¶ 46 On rehearing in Carazalla v. State, 269 Wis. 593, 71 N.W.2d 276 (1955) (“Carazalla II ”), however, we made clear that the court erred in admitting such evidence. Justice Currie's unanimous opinion thus co......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT