SCENIC AREAS ALONG WISCONSIN HIGHWAYS

EXPERIENCE IN WISCONSIN WITH SCENIC EASEMENTS IS REVIEWED. A RECENT WISCONSIN SUPREME COURT DECISION HELD THAT AESTHETIC CONSIDERATIONS CAN SUPPORT A FINDING OF PUBLIC NECESSITY AND THAT THE ADMINISTRATIVE AGENCY ADMINISTERING THE LAW MAY ESTABLISH REASONABLE AREAS TO BE ACQUIRED TO ACCOMPLISH THE LEGISLATIVE PURPOSE. WISCONSIN HAS A SCENIC PROGRAM NOW THAT, HOPEFULLY, CONFORMS TO THE INTENT OF THE STATE LEGISLATURE AND IS ACCEPTABLE TO MOST OF THE PROPERTY OWNERS, WHO ARE ASKED TO SURRENDER SOME OF THEIR PROPERTY RIGHTS FOR POSTERITY. IT IS BELIEVED THAT THE PRIMARY PURPOSE OF A GOOD SCENIC PROGRAM IS TO PROVIDE AN INTERESTING AND PLEASANT JOURNEY ALONG OUR HIGHWAY SYSTEMS. THE AREA SELECTED SHOULD NOT FOLLOW A PREDETERMINED PATTERN, BUT INSTEAD BE DEPENDENT UPON THE SCENIC FEATURES VISIBLE FROM THE HIGHWAY. IN SELECTING SCENIC SITES, CONSIDERATION SHOULD BE GIVEN TO THE EXISTING NATURAL BEAUTY, AND ALSO THE POTENTIAL NATURAL BEAUTY ALONG THE HIGHWAY CORRIDOR THAT CAN BE IMPROVED BY THE USE OF CORRECTIVE MEASURES. THE SCENIC APPRAISAL PROCESS IS REVIEWED STRESSING THE FACT THAT WITH SCENIC ACQUISITION, RIGHTS ARE RELINQUISHED. THE SPECIFIC RIGHTS RELINQUISHED ARE: (1) THE RIGHT TO HAVE ADVERTISING OF ANY KIND WITHIN THE SCENIC AREA, (2) THE RIGHT TO DUMP OR MAINTAIN A DUMP OF ANY MATERIAL, STORAGE OF IMPLEMENTS, AND ANY OTHER UNSIGHTLY MATERIALS, (3) THE RIGHT TO CUT OR REMOVE TREES EXCEPT MARKETABLE TIMBER, FOR THE RIGHT TO PARK TRAILER HOUSES, MOBILE HOMES OR ANY PORTABLE LIVING QUARTERS, (5) THE RIGHT TO QUARRY, OR REMOVE, OR STORE ANY SURFACE OR SUB-SURFACE MATERIALS OR MINERALS, (6) ALL RIGHTS EXCEPT GENERAL CROPS AND/OR LIVESTOCK FARMING AGRICULTURAL WITHIN SO MANY FEET OF THE SCENIC AREA, AND (7) THE RIGHT TO DEVELOP THE EASEMENT AREA EXCEPT FOR LIMITED RESIDENTIAL DEVELOPMENT CONSISTENT WITH APPLICABLE STATE AND LOCAL REGULATIONS. IT IS POINTED OUT THAT THE MORE INTENSIVE AND COMPREHENSIVE THE RESTRICTIONS, THE MORE CLOSELY THE EASEMENT PURCHASE PRICE APPROACHES THE FEE VALUE OF THE SITE.

  • Availability:
  • Supplemental Notes:
    • Vol 14, No 5, PP 18-22, 1 PHOT
  • Authors:
    • Peck, H M
  • Publication Date: 1967-10

Media Info

  • Serial:
    • Right of Way
    • Publisher: International Right of Way Association
    • ISSN: 0035-5275

Subject/Index Terms

Filing Info

  • Accession Number: 00200830
  • Record Type: Publication
  • Files: TRIS
  • Created Date: May 5 1970 12:00AM