LRBs0659/1
MGG:kmg:lp
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 912
March 24, 1998 - Offered by Representative Handrick.
AB912-ASA1,1,2
1An Act to create 30.134 of the statutes;
relating to: the conveyance of riparian
2rights to use a navigable water.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB912-ASA1,1,5
430.134 Prohibition of conveyance of riparian rights to use navigable
5waters. (1) The legislature finds all of the following:
AB912-ASA1,1,96
(a) That owners of riparian land abutting navigable waters have attempted to
7transfer the riparian rights to berth a watercraft and to place structures or deposits
8in the navigable waters to other persons without transferring the full set of riparian
9rights that are appurtenant to the riparian land.
AB912-ASA1,2,210
(b) That the conveyance of these riparian rights separate from the full set of
11riparian rights is contrary to the public trust in navigable waters that is established
1under article IX, section 1, of the constitution and exceeds the exercise of reasonable
2riparian rights.
AB912-ASA1,2,53
(c) That to reduce confusion and to protect public rights in navigable waters,
4the rights of other riparian owners and the public welfare it is appropriate to codify
5limits on the ability to transfer these riparian rights.
AB912-ASA1,2,9
6(2) No owner of riparian land that abuts a navigable water may transfer, by
7deed, conveyance of an interest in a condominium or in any other manner, any of the
8following separate from the full set of riparian rights that are appurtenant to the
9riparian land:
AB912-ASA1,2,1010
(a) The riparian right to berth a watercraft.
AB912-ASA1,2,1111
(b) The riparian right to place a structure or deposit in the navigable water.
AB912-ASA1,2,13
12(3) Subsection (2) does not apply to a lease or a license with a term of one year
13or less.
