Murr v. Wisconsin (15-214)
argument 15-214Murr v. Wisconsin
Supreme Court of the United States
1h 12m
5 speakers
8 chapters
transcribed 5 days ago
official recording ↗
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Transcript generated automatically by AI and may contain errors.
What is the central dispute over the ownership and use of Lot E and Lot F?
We will hear argument uh first this morning in case fifteen two hundred fourteen,
Murr versus Wisconsin. Mr Grom? Mr. Chief Justice, and may it please the Court. The fundamental unfairness in this case is illustrated by one fact. If anyone else in the world Other than the Murr siblings, owned lot E. That owner could sell or develop it. But the MERS cannot.
Mr.
Glenn.
It's not this case. Uh, suppose that three years from now Uh lots such as these two lots in the same ownership become immensely more valuable than the two lots singly. Each lot singly would be worth a hundred thousand, but these lots where you can build a bigger home are worth five hundred thousand. Uh The county wants a fire de a fire station and it takes lot E. What do they pay for it under your theory?
They should pay for uh compensation for the taking of lot E. Any taking
thousand dollars, so uh under your hypothetical stand to lose three hundred thousand dollars under under my hypothetical and your answer.
No, I don't think so. Under the hypothetical
The hypothetical is together they're worth five hundred thousand. Singly they are worth one hundred thousand each. What is the amount that the County has to pay to take lot E for the fire station.
The analysis must begin with defining the relevant parcel that is the subject of the state of the U.S. And under your view,
that's lot E only. That's right. And they pay $100,000
only, that's it. The landowner would have the burden of proving that there are additional damages that they should be compensated for, but the presumption You can't get
it. There's no severance damages. You're taking the entire parcel.
You're taking all of Lot E and they should be paid compensation for Lot E. That's one hundred thousand dollars. And so
under your theory. landowners in the hypothetical that I put up would lose money and the state would be would be getting a windfall.
Uh if that hypothetical does not include any integrated economic use between those two parcels, that is correct. The compensation is determined by the lot that is taken.
But the integrated use is determined by the market. Your your theory it completely ignores market factors.
And that is exactly what the government would argue, is that the compensation must be limited to the parcel that is taken. And in eminent domain law, which is the the hypothetical that you're providing, in eminent domain law, the presumption is exactly that. Compensation is limited to the parcel taken. Unless that presumption can be overcome by the landowner proving that the two parcels are actually uh uh there's a unity of use between the two Then why
isn't that true here? Then why doesn't that defeat your
theory here? It supports the theory. It's the exact same principle, only in reverse. Rather than the government limiting compensation to just the parcel taken, here the government is saying we want to combine the values of the two in order to find there's no taking. But in both scenarios, you have to begin with the presumption of determining what is the relevant parcel that is subject to that and In both scenarios, either eminent domain or something. or inverse condemnation, you have to begin with a single parcel.
Can I ask just a clarifying question about your argument? There's one of the things that makes this case odd is that there are family members all around. Both sellers are the same family and the buyers are the same. But if I'm right, your argument would extend in the exact same way. to a situation where you have two sellers who are completely independent of each other. Mr Jones and Miss Smith have nothing to do with each other. Another buyer. comes in also has no relationship with mister Jones or Ms. Smith. And that buyer would be able to make the exact same argument that the Murr family is making in this case. Am I right about your argument?
Well I'm not sure which parcel your your hypothetical is talking about.
Somebody comes in, buys both, but all the parties are independent of each other.
Each parcel is the same thing.
These two stant substandard lots wants to build on them.
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Chapters
8 chapters
1
What is the central dispute over the ownership and use of Lot E and Lot F?
0:00–8:39
2
How do the parties argue about compensation if the county takes Lot E for a fire station?
8:39–16:18
3
Why does the state’s merger provision matter for defining the relevant parcel?
16:18–24:59
4
How do reasonable‑investment‑backed expectations influence a takings analysis?
24:59–33:33
5
What role does the Palazzolo precedent play in this case?
33:33–42:28
6
How is the economic impact of combining the two lots evaluated under the complementarity principle?
42:28–51:12
7
What test should be used to determine the “relevant unit of property” for a takings claim?
51:12–59:20
8
What conclusions do the Justices reach about the fairness and justice of the regulation?
59:20–1:12:17