ADMINISTRATION OF HIGHWAY PROTECTION LAWS

RESEARCH INTO HIGHWAY LAWS AND LEGAL PRINCIPLES AS THEY ACTUALLY OPERATE IN REAL LIFE SITUATIONS IS CONDUCTED IN WISCONSIN. THE STUDY HAS FOUND THAT IN ACTUAL OPERATION POLICE POWER ACTIONS AND THE EXERCISE OF EMINENT DOMAIN ARE INTERTWINED. IT WAS FOUND THAT THERE HAD TO BE A COORDINATION OF VARIOUS STATUTES IN ORDER TO MAKE THEM EFFECTIVE. IN WISCONSIN, THE HIGHWAY COMMISSION HAS AUTHORITY TO DECLARE BOTH EXISTING HIGHWAYS, AS WELL AS NEW OR RELOCATED ONES, CONTROLLED-ACCESS. THE WISCONSIN SUPREME COURT HAS HELD THAT THE CONTROLLING OF ACCESS IS AN EXERCISE OF THE POLICE POWER AND THAT ANY DEPRECIATION AS A RESULT OF THE LACK OF ACCESS ON A NEW HIGHWAY WHERE NO ACCESS EXISTED PREVIOUSLY IS NOT TO BE CONSIDERED WHEN ASSESSING DAMAGES. THE LEGISLATURE CHANGED THE EMINENT DOMAIN VALUATION STATUTE, MAKING IT CLEAR THAT ANY DEPRECIATION AS A RESULT OF A VALID EXERCISE OF THE POLICE POWER, EVEN THOUGH IN CONJUNCTION WITH EMINENT DOMAIN, CANNOT BE CONSIDERED IN ASSESSING DAMAGES. AN ATTEMPT IS BEING MADE TO DRAFT SOME RULES AND REGULATIONS FOR THE COMMISSION WHICH ATTEMPT TO BRING TOGETHER THE ADMINISTRATIVE PROCEDURES AND STANDARDS FOR: (1) DRIVEWAY PERMITS ON UNCONTROLLED HIGHWAYS, (2) SUBDIVISION PLAT APPROVAL, AND (3) CONTROLLED-ACCESS, INCLUDING LIMITED USE ACCESS AND PROMULGATION OF THE TYPES OF GENERAL PLANS MENTIONED. PRACTICES IN DEALING WITH EXCESS LAND ACQUIRED IN CONNECTION WITH HIGHWAY CONSTRUCTION HAVE ALSO BEEN UNDER OBSERVATION. ZONING CONTROLS AND OPERATION HAVE ALSO BEEN STUDIED. THIS PROJECT IS ENABLING DATA ACQUISITION TO ALLOW DETERMINATION OF HOW THE LAWS AND THEIR ADMINISTRATION ARE ACTUALLY WORKING.