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I I. • 1 1 <br /> 31] AUGUST TERM, 1972. 23 4, <br /> Just v.Marinette County,56 Wis.2d 7. x.1' <br /> 891. The court held the validity of the ordinance was <br /> 4 <br /> supported by valid considerations of public welfare, the <br /> conservation of "natural conditions, wildlife and open <br /> spaces." The ordinance provided that lands which were <br /> subject to seasonal or periodic flooding could not be <br /> used for residences or other purposes in such a manner <br /> as to endanger the health, safety or occupancy thereof x <br /> and prohibited the erection of structures or buildings <br /> which required land to be filled. This case is analogous '§' <br /> to the instant facts. The ordinance had a public purpose <br /> to preserve the natural condition of the are. No change <br /> i <br /> was allowed which would injure the purposes snug o F <br /> be preserved and through the special ` <br /> g p permit technique, <br /> particular land wit in e zoning •is ric cou • .e ex- ; <br /> cepted from the restrictions. <br /> e us ar <br /> gue en. property has been severely de- r <br /> preciated in value. But this depreciation of value is not <br /> = c 4, } <br /> based on the use of the land inns natural state but on l <br /> what the land would be worth if it could be filled and <br /> used for the location of a dwelling. While loss of value <br /> is to be considered in determining whether a restriction <br /> is a constructive taking, value based upon changing the ' '' <br /> character of the land at the expense of harm to public ;` <br /> rights is not an essential factor or controlling. g <br /> We are not unmindful of the warning in Pennsylvania <br /> Coal Co. v. Mahon (1922), 260 U. S. 393, 416, 43 Sup. ,g :, <br /> Ct. 158, 67 L.Ed. 322: ; , i' <br /> fir , g . <br /> ". . . We : in dan_er of forgettine that a strong public I ^ } <br /> desir• .�u..u�r.�•c• it. .u. is con,Awn is not enough to } <br /> warrant achievin! the desire b a shorter cu • . • he <br /> cons i u Iona way o _paying or e c ange. <br /> This observation refers to the improvement of the public <br /> condition, the securing of a benefit not presently enjoyed <br /> and to which the public is not entitled. The shoreland . <br /> zoning ordinance preserves nature, the environment, and y: <br /> natural resources as they were created and to which the <br /> 1' <br /> ' ; <br /> , <br /> f <br /> +a <br /> ,, <br /> I 7 74 9 4,V40.v3?6 t <br /> ,. - 4 1,"1 .4,4_ _a..v.Y''' _ <br />