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if it
<br /> 31J AUGUST TERM, 1972. 15 is
<br /> Just v.Marinette County,56 Wis.2d 7.
<br /> despoliation of natural resources, which our citizens
<br /> until recently have taken as inevitable and for granted,
<br /> and an owner's asserted right to use his property as he } jr.,:11,'
<br /> 1
<br /> wishes. The protection of public rights may be accom- Iplished by the exercise of the police power unless the k damage to the property owner is too great and amounts to a confiscation. The securing or taking of a benefit 1'not presently enjoyed by the public for its use is obtained , � `
<br /> by the government through its power of eminent domain.
<br /> The distinction between the exercise of the police power
<br /> and condemnation has been said to be a matter of degree i,F-,,,,t
<br /> of damage to the property owner. In the valid exercise
<br /> of the police power reasonably restricting the use of
<br /> property, the damage suffered by the owner is said to ' 11
<br /> be incidental. However, where the restriction is so great '
<br /> the landowner ought not to bear such a burden for tle
<br /> pu• is goo., • res ric ion has been e • o •e a con-
<br /> sTructive taking even though the actual use or Iorbic n
<br /> use has not been tr.. • "erre. to e governmen so as to •�':•
<br /> be a taking in the traditional sense. Stefan Auto Body
<br /> '
<br /> v. State Highway Comm. (1963), 21 Wis. 2d 363, 124
<br /> N. W. 2d 319; Buhler v. Racine County (1966), 33 Wis. �u,.. ;e
<br /> 2d 137, 146 N. W. 2d 403; Nick v. State Highway Comm. 1 ,
<br /> (1961), 13 Wis. 2d 511, 109 N. W. 2d 71; State v. Becker � ,
<br /> (1934), 215 Wis. 564, 255 N. W. 144. Whether a taking
<br /> ■
<br /> ,' ,' :
<br /> has occurred depends upon whether "the restriction
<br /> practically or substantially renders the land useless for f
<br /> all reasonable purposes." Buhler v. Racine County, su- ;"
<br /> pra. The loss caused the individual must be weighed to
<br /> determine if it is more than he should bear. As this ri
<br /> court stated in Stefan, at pages 369, 370, ". . . if the
<br /> damage is such as to be suffered by many similarly , f ,
<br /> situated and is in the nature of a restriction on the use
<br /> to which land may be put and ought to be borne by the ��.
<br /> individual as a member of society for the good of the ` ' ' fi x
<br /> public safety, health, or general welfare, it is said to . 1
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