LRB-3138/1
RPN:skg:jlb
1995 - 1996 LEGISLATURE
May 24, 1995 - Introduced by Representatives Handrick, Ladwig, Hasenohrl,
Seratti, Ainsworth, Hahn, Silbaugh, Freese, Zukowski, Owens, Black,
Kreibich, Grothman, Olsen, Skindrud, Hoven, Goetsch, Ourada, Boyle,
Porter, Schneiders, L. Young, Klusman, Huber, Ott
and La Fave,
cosponsored by Senators Breske and Andrea. Referred to Committee on
Judiciary.
AB401,1,3 1An Act to repeal 893.29 (2); and to renumber and amend 893.29 (1) of the
2statutes; relating to: obtaining title to public real property by adverse
3possession.
Analysis by the Legislative Reference Bureau
Under current law, the title to or interest in most real property belonging to the
state or to a political subdivision of the state may be obtained by another person by
that person's continuous use, for at least 20 years, of rights in the real property in
a manner that is adverse to the real property owner's interest. Real property held
in trust by the state, abandoned railroad real property acquired by the state or real
property used for highway purposes by the state may not be obtained by adverse
possession under current law.
This bill prohibits a person from obtaining the rights to any real property
belonging to the state or to a political subdivision of the state by adverse possession.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB401, s. 1 4Section 1. 893.29 (1) of the statutes is renumbered 893.29 and amended to
5read:
AB401,2,4 6893.29 (title) Adverse No adverse possession against the state or
7political subdivisions
, special provision. (1) Title No title to or interest in real
8property belonging to the state or a city, village, town, county, school district,

1sewerage commission, sewerage district or any other unit of government within this
2state may be obtained by adverse possession, prescription or user under s. 893.25,
3893.26, 893.27 or 893.28
only if the adverse possession, prescription or user
4continues uninterruptedly for more than 20 years
.
AB401, s. 2 5Section 2. 893.29 (2) of the statutes is repealed.
AB401, s. 3 6Section 3. Initial applicability.
AB401,2,8 7(1)  This act first applies to real property belonging to the state on the effective
8date of this subsection.
AB401,2,99 (End)
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