Constitutional Concerns

When drafting land use regulations, it’s also important to be aware of and balance basic rights and protections afforded by the Wisconsin and United States Constitution:

  • First Amendment. The right to freedom of speech, assembly, and religion.
  • Fifth Amendment. The right to just compensation for the taking of private property for public use.
  • Tenth Amendment. The right of government to enact regulations protecting public health, safety, welfare and morals.
  • Fourteenth Amendment. The right to due process and equal protection under the law if deprived of life, liberty or property.

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