Originally Posted by
dweenk
I am not a lawyer, but didn't the SCOTUS allow a take over of residential property in the northeast a few years ago? I do not know if any properties were occupier owned or rentals, but I remember that the court ruled in favor of business re-development.
Yes. The SCOTUS decided development was the not to the detriment of that particular landowner, it was a little more than the typical "thorn in the side of the bulldozer people," I think. The ruling has rarely been used to expand eminent domain as we know it.
On the Rails-Trails, it looks like in places where federal, state, or local governments want to retain "easement" and "right of access" rights, even for a MUP, it's going to be OK, but I'm sure it will be tested. Wisconsin's R2T has been in place for a long time, at least 25 years in some places. I believe it's state-run and maintained. There are businesses that have located near some of the routes for just the kind of traffic a MUP can generate, especially in the winter. Once the ATV/Snowmobile War came to a truce, things have remained quiet.