The Murr family owns two adjacent lots along the Lower St. Croix River. The lots originally were purchased as two separate and distinct lots (Lot F and Lot E) in 1960 and 1963, respectively. In the mid-’90s, both lots were transferred to common family ownership. Unfortunately, for the Murrs, this simple transfer of property from one generation to the next has resulted in an epic legal battle that ended on the steps of the U.S. Supreme Court.

The story begins with the passage of the Wild and Scenic Rivers Act in the early 1970s, more than 10 years after the lots were purchased by the family. After the passage of that act, the Wisconsin Department of Natural Resources promulgated rules and St. Croix County followed suit by passing zoning ordinances relating to the riverfront property. These governmental regulations, passed in the 1970s, effectively declared the two Murr lots to be “substandard” because they did not meet the lot size requirements of the new DNR rule and St. Croix County zoning code.

However, this did not cause an issue for the family until the mid-’90s, when the lots were transferred to common family ownership. At the time of the transfer — unbeknownst to the Murrs — the lots were deemed “merged.” This meant the two properties could not be “sold or developed as separate lots.” The Murrs discovered this problem when they decided to sell one lot to raise funds to add space to the existing cabin. Last month, after years of legal battles, the U.S. Supreme Court ruled against the family.

In that decision, the four reliable liberal members of the Court, plus Justice Anthony Kennedy, held that depriving the Murr family of the use or ability to sell an entire parcel of land did not constitute a compensable taking.

This unfortunate decision made national news, as it represented yet another setback for private property rights. In the United States, the Constitution sets the outer boundaries, the Legislature has the ability to operate anywhere within those boundaries. In other words, even though the Court may hold that a particular regulation does not constitute a Constitutional violation, there is nothing that prevents the Legislature from prohibiting a state or local government from getting close to that boundary.

Today, we are proud to announce that we will introduce legislation we call the Homeowners’ Bill of Rights. This legislation will address a number of issues, chief among them being to reel in the state and local regulations that impacted the Murr family and others like them. Our bills will grandfather substandard lots and prohibit the deemed merger of lots. Our proposal will ensure property owners can repair and maintain existing structures. It includes eminent domain and regulatory takings reform. It will allow property owners to utilize inverse condemnation. This legal process allows property owners to receive compensation if a government regulation deprives the owner of a significant use of their property. In addition, our bills contain a number of other common-sense property rights reforms.

Wisconsin has gained a national reputation for bold reforms that protect taxpayers. Many other states are following the path Wisconsin has blazed over the past few years. Our legislation is yet another example of Wisconsin leading the nation. This time, we hope to spark a national property rights revolution. As Alexander Hamilton explained, “The security of property is one of the great objects of government.” We agree and intend to do our part to help secure private property rights for citizens all across Wisconsin. We hope you will encourage your legislators to join our fight.