Upcoming Events

Northwest Lakes Conference is June 23-24

WAL defends Wisconsin's lakes in the courts: the Hilton case

WAL opposes bill to weaken Public Nuisance suits

June is Invasive Species Awareness Month

Study confirms importance of woody shoreline debris

Northwest Lakes Conference. June 23-24, 2005 at the Telemark Resort and Convention Center in Cable, WI. Download the full conference agenda, map, and registration form and register online.

Clean Boats, Clean Waters Training. May 10, 14, 17, 19, 21, and 26 at locations around the state. Check online for more information.

Cooperative Weed Management Area Workshop. May 9, Northern Great Lakes Visitor Center, Ashland, WI. Registration information available online.

Advanced Water Action Volunteers training, May 12 at the Beaver Creek Reserve. Contact Sarah Schmidt at 715-877-2212 to sign up.

Wisconsin Conservation Congress Annual Convention, May 12-14, Holiday Inn, 4601 Calumet Ave., Manitowoc, WI. For information contact AnnMarie Kutzke at (608) 266-2952, or visit the Conservation Congress on line .

Association of State Floodplain Managers annual conference. June 11-17. Madison, WI. Conference and registration information is available online.

Loon Population Survey. July 16. To volunteer on one of over 250 Wisconsin lakes, visit the Sigurd Olson Institute.

Optional Pre-conference sessions offered June 23

Come to Cable a day early and join us for these exciting pre-conference opportunities!

• Pontoon Classroom with Buzz Sorge of WDNR
• Clean Boats, Clean Waters Volunteer Watercraft Inspection with Laura Felda-Marquart of UW-EX
• Approaches to Lake Conflict Management with Kristin Hill of UW-EX
• International Watershed Mangement Presentation by the Global Environmental Management Center
• BBQ and social hour

WAL is entering into the courts again to defend Wisconsin's lakes against a claim by owners of a backlot (or keyhole) subdivision that the state's order to remove some of their illegally constructed piers and boat hoists constitutes a "taking" of property. The Wisconsin Constitution requires that the state provide just compensation to private property owners whose property has been "taken" by the state for public use.

In this case, 38 backlot owners collectively own a 77-foot lot wide lakefront lot. The group illegally installed a 249 foot pier and 22 boat hoists. An administrative law judge ordered both the length of the pier and number of boat hoists reduced. The backlot owners are claiming that the required removal of part of the pier and 11 illegal boat hoists constitutes a "taking" and is demanding the state compensate the petitioner the decreased value of each condominium for the removal of the boat slips. The backlot owners are claiming a value of $65,000 for each boat hoist (a total of $715,000)

The Wisconsin Realtors Association and Wisconsin Builders Association have joined with the backlot owners, and have filed briefs arguing that the backlot owners must be paid if they cannot have all 22 illegally erected boat hoists.

The implications of this case are far reaching. Essentially, if the ruling favors the back lot owners and the state is required to pay to remove illegal boat hoists, public money could be used to pay for all such private actions. It is reasonable that state enforcement of illegal boat hoists and piers that violate the public's rights on the publicly owned lakes, will be crippled and/or stop.

WAL must represent the property rights of its members who value the Public Trust Doctrine and Wisconsin's lakes. The costs of litigation are high, but so are the potential effects on our lakes should we not pursue a legal challenge. WAL does not include the costs of litigation in its dues in order to keep dues low and extend membership to many people and organizations. However, this means at times we need financial assistance from our members to cover litigation costs. Contributing to WAL's Legal Action Fund enables us to react swiftly to protect our lakes and rights. For information on how to contribute, please visit us online

Proposed bill AB-278 contains language that if enacted as drafted, could significantly impair the protection of navigable waters and other public property. Section 7 of this bill is broadly written, and would prohibit state, county, and local governments from seeking a remedy in the courts where private activities directly harm public rights or public property, except where the offending actions directly violate a specific existing law. It would prevent governments from having a legal recourse against public nusiance activities that are not currently regulated by state or local governments. There would be no way to address new nusiances that might be caused by new technologies or new variations on accustomed activities.

WAL is concerned that by governments from addressing nuisances that have not been specifically regulated, that the State and local governments will lose their practical ability to protect public lands and waters against activities and uses that are clearly detrimental but have not been the subject of any specific regulations.

WAL's Legislative Counselor Bill O'Connor has registered opposition to bill AB-278 on behalf of WAL.

Workshops, field trips and lectures about the impacts of invasive species are scheduled throughout the state this June. A calendar of upcoming invasive species events, educational fact sheets, articles, and resources about invasive species can be found on the Wisconsin Council on Invasive Species web site.