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'.:.,,i'l.', <br /> 31] AUGUST TERM, 1972. 7 t <br /> Just v. Marinette County,56 Wis.2d 7. <br /> Y <br /> JUST and wife, Appellants, V. MARINETTE COUNTY, Re- i ' <br /> , <br /> L p <br /> spondent: STATE, Impleaded Respondent. [Case No. <br /> 106.] <br /> MARINETTE COUNTY, Respondent, V. JUST and wife, Ap- <br /> pellants: STATE, Impleaded Respondent. [Case No. <br /> 107.] <br /> Nos. 106, 107. Argued September 11, 1972.Decided <br /> October 31,1972. { � 3 <br /> (Also reported in 201 N.W.2d 761.) <br /> 1. <br /> 1. Water and watercourses—Conservation and pollution control— <br /> Municipal shoreland zoning ordinance—"Wetlands"—"Con- _,4A 0 1 <br /> ditional use." <br /> A shoreland zoning ordinance consistent with state estab- 4' <br /> lished standards and criteria for shoreland regulation which . ;, <br /> required a "conditional use" permit for the placing of more rte; <br /> than five hundred feet of fill in "wetland" areas, is held �.t f <br /> constitutional as a valid exercise of the police power and <br /> not a constructive taking of land without compensation, thus a 1. <br /> resolving a seeming conflict between the public interest in 4 <br /> stopping the despoliation of natural resources and the own- 4t ` <br /> ers' asserted right to use their property as they wished. <br /> pp. 14-24. <br /> 2. Eminent domain—Constructive taking or exercise of police <br /> power—When loss compensable. ' <br /> Whether there is a constructive taking in condemnation or an <br /> uncompensable exercise of police power is a matter of degree <br /> and is gauged by weighing the loss caused the landowner ( ' " j s i <br /> to determine whether it is more than he should bear; also <br /> the necessity for monetary compensation for loss suffered to <br /> an owner by police power restriction arises when restrictions t w <br /> are placed on property in order to create a public benefit ( , Y <br /> rather than to prevent a public harm. pp. 15, 16. r` ;..t. <br /> ,7 3. Water and watercourses—"Wetlands"—Eminent domain— I ',, <br /> Maintenance of natural environmental status not a taking. <br /> The state under the trust doctrine has an active duty which <br /> requires it not only to promote navigation and to protect qtr; *4, <br /> and preserve navigable waters for fishing, recreation and <br /> scenic beauty but also to eradicate the present pollution and = _. <br /> I <br /> prevent further pollution of its navigable waters; and the 't= <br /> maintenance of the natural environmental status quo is not , <br /> in a legal sense a gain or the securing of a public benefit. <br /> pp. 16, 18. <br /> ;f ;i <br /> 1 <br /> , pf ra <br /> .. Yi <br /> 'A114 } <br /> z it <br /> Rd j �r Y <br /> 1 � <br /> h `Mf+�'Fi <br />