AGRICULTURAL RURAL TAKINGS: WHEN GOVERNMENT BUYS THE FARM

摘要

Though highway construction has decreased since the 1960s, eminent domain takings still occur in rural areas and greatly impact individuals and families who face eminent domain takings today. Looking to theories on just compensation in urban settingscan differentiate the circumstances and needs of people living on urban and agricultural lands. Some states, like Wisconsin, have addressed this issue with specific legislation, while others struggle with balancing the need for development and the rightsof rural landowners. Because rural landowners have more diffuse political power, they can be more easily overlooked than their urban counterparts. In addition, farmers have a unique and specialized understanding of their farms, and replacement land maynot adequately compensate these owners for their monetary and non-monetary loss. Wisconsin's Agricultural Impact Statements provide a useful tool for addressing the specific concerns of rural landowners.