Kevin Fischer is a veteran broadcaster, the recipient of over 150 major journalism awards from the Milwaukee Press Club, the Wisconsin Associated Press, the Northwest Broadcast News Association, the Wisconsin Bar Association, and others. He has been seen and heard on Milwaukee TV and radio stations for over three decades. A longtime aide to state Senate Republicans in the Wisconsin Legislature, Kevin can be seen offering his views on the news on the public affairs program, "InterCHANGE," on Milwaukee Public Television Channel 10, and heard filling in on Newstalk 1130 WISN. He lives with his wife, Jennifer, and their lovely baby daughter, Kyla Audrey, in Franklin.
“Officials of the Wisconsin Department of Natural Resources say they have the right to enter private property without the permission or notification of property owners when performing work as representatives of the state Department of Transportation, documents obtained from the town of Minocqua reveal.
For its part, the DOT insists it has statutory authority to enter private property for agency projects without notifying or obtaining permission from property owners; that authority would presumably be conferred upon contractors or agents working for the DOT.”
Last October, Lakeland Times publisher Gregg Walker filed a trespassing complaint with the Minocqua Police Department after the DNR entered property owned by his father on Highway 51. DNR workers were conducting a review as part of a proposed reconstruction of the highway. The DOT and the DNR have an agreement in place allowing the DNR to act as a branch of the DOT during any review of water resources.
On September 23, 2010 a neighbor of
A DNR official admitted in a police report the agency did not contact
The Lakeland Times writes:
“The language of the law to which
Still, as far back as 1967, in Camara v. Municipal Court, the
Then, too, Walker said, for the DOT - or the DNR, as its authorized agent - to enter private property without both notification and permission would violate the DOT's policy as outlined in the same facilities development manual (Town Attorney) Harrold cited.
‘The agency clearly requires its employees and agents to gain permission to enter private property and to seek a warrant if that permission is denied,’
The newspaper adds this about that DOT manual:
"Department personnel, the manual continues, should contact the owner before beginning work.
The department is also keenly aware a warrant might be required, and that they cannot enter without it if a property owner refuses to relent and consent.”
The original plans to reconstruct Highway 51 have been scrapped. Even so, the power grab by the DOT and DNR is startling.
Put this one in the Why People Hate Government file.