Hilton case: affirming the public's rights on public waters

Wisconsin Supreme Court affirms public's rights on waters

The Wisconsin Supreme Court affirmed a DNR order requiring modifications to a pier on Big Green Lake. The Court's ruling in Hilton v. DNR confirms the State's authority to protect navigation and the public’s rights on lakes and streams from oversized piers that damage fish and wildlife habitat or interfere with navigation.

The plaintiffs in the Hilton case—38 back lot owners who collectively own a 77 foot wide piece of lake frontage—installed a 249 foot pier and 22 boat hoists.

A state administrative court judge ruled that this pier interfered with public rights on public waters and ordered the back lot owners to reduce the length of the pier and remove some of the boat hoists. The back lot owners claimed this court order constituted a “taking” of property and the plaintiffs should be compensated by the state.

The Wisconsin Constitution requires that the state justly compensate private property owners whose property has been "taken" by the state.The back lot owners claimed removal of part of the pier and 11 illegal boat hoists constitutes a "taking" and demanded the state compensate the petitioner for a decreased “value” of each property for the boat slip removal. The claim is for 65,000 for each boat hoist (a total of $715,000).

The Wisconsin Association of Lakes argued that the reduction or removal of piers that interfere with public rights on public waters does not constitute a taking. Although the Court did not decide the pier owner's "takings" claim, it emphasized the critical habitat in lake shorelines and shallow areas and the need to protect them from excessive piers and other structures

Supreme Court's ruling affirms public's rights on waters (PDF 33 KB)

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Dockominiums case: a victory for public water rights

The Dockominium case illustrates the importance of maintaining the Wisconsin Association of Lake's ability to pursue legal action. A "dockominium" is a property interest created under condominium real estate law. It allows the sale and purchase of cubic space within the shoreland structure so boat slips can be sold as part of a private property deed.

We argued that Dockominiums would allow private ownership of public waters, a violation of the state's Public Trust Doctrine. The Wisconsin Association of Lakes argued that the Public Trust Doctrine is violated when a riparian owner aims to establish 'lots' on the surface of a public lake and sell the exclusive right to occupy each lake.

WAL was the only party that argued for an all out prohibition against "dockominium." The legal vigilance and persistence of the Wisconsin Association of Lakes resulted in Dockominiums being declared unconstitutional by the Wisconsin Supreme Court in 2002.

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