Chapter Opposes HR 1534 and SB 1256 on Takings Litigation

The Executive Committee has contacted Wisconsin congressional members to oppose HR 1534 and SB 1256, bills which would allow the federal courts to take land use cases rather than allowing those cases to be fully litigated in state courts. The House approved HR 1534 on October 22 and referred it to the Senate. The Senate referred the bill to the Judiciary Committee. Both Senator Kohl and Senator Feingold serve as members of the Judiciary Committee.

In a letter to the Wisconsin senate delegation dated November 4, WAPA President Charles Kell explained WAPA's reasons for opposing the legislation:

Those handful of land use controversies that end up in courts in the State of Wisconsin generally begin and end in the state court system. Within that system, the cases are processed reasonably expeditiously. The Wisconsin courts have a relatively coherent set of doctrines on takings, as well as related issues of due process. Very few cases in Wisconsin go to federal courts. We are not aware of any particular pattern int he federal court serving the State of Wisconsin of applying various doctrines of judicial management to avoid or delay decisions.

The planning profession does not support measures that would encourage more litigation. We particularly do not support measures that would encourage more litigation in the more removed, distant, and expensive venue of federal courts. Furthermore, the "federal law" of land use and takings is plainly a mess, providing very little coherence and predictability.

For more information about SB 1256, see http://thomas.loc.gov and search for the bill number.