Wisconsin Constitution Article IX - Eminent Domain And Property Of The State
Wisconsin Constitution – Article IX: Eminent Domain and Property of the State
Article IX of the Wisconsin Constitution addresses the ownership, control, and regulation of natural resources and public lands, as well as the state's power of eminent domain (the authority to take private property for public use with compensation).
🔹 Key Provisions of Article IX:
Section 1 – River and Lake Beds Held in Trust
The state holds the beds of all navigable waters (like rivers and lakes) in public trust.
These lands cannot be sold or granted unless the public interest is preserved.
This reflects the Public Trust Doctrine, which obligates the state to protect public rights to water and navigation.
Section 2 – Public Highways
Rivers that were navigable at the time of statehood are deemed public highways, ensuring free access for travel and commerce.
Dams, bridges, or other obstructions on these waters are regulated to preserve navigation and public access.
Section 3 – Removal of Obstructions
The legislature is given power to prevent obstructions in navigable waters and to remove any that hinder navigation or public use.
Section 4 – Property of the State
This section affirms that public property (like lands and waters) belongs to the state, held in trust for the people.
It also governs how state-owned property may be leased, sold, or managed.
Section 5 – Internal Improvements
The state is restricted in funding or becoming financially involved in internal improvements (like roads, canals, or railways), except under specific conditions authorized by law.
🔸 Eminent Domain Implications:
Although the words “eminent domain” don’t appear in Article IX explicitly, its content, especially regarding state ownership and public use of water and land, forms the constitutional basis for public land use and relates closely to the Fifth Amendment principle of eminent domain (requiring just compensation for takings).
Actual procedures and limits on eminent domain in Wisconsin are more specifically defined in state statutes and in judicial interpretations of Article I, Section 13 (which directly addresses eminent domain and just compensation).
✅ Summary:
Article IX of the Wisconsin Constitution is focused on:
Public ownership of water resources
Protection of navigable waters
Rules for managing state lands
Public access and use rights
Limitations on state infrastructure investment
It is rooted in the principle that certain natural resources are held in trust by the state for public benefit.
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