LRB-3841/1
RPN:kmg:ch
1997 - 1998 LEGISLATURE
September 9, 1997 - Printed by direction of Assembly Chief Clerk.
SB124-engrossed,1,4
1An Act to repeal 893.29 (2);
to amend 893.24 (1), 893.24 (2), 893.29 (title) and
2893.29 (1); and
to create 893.29 (2m) of the statutes;
relating to: the
3prohibition of obtaining title by adverse possession to real estate owned by a
4public body.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 1997 Senate Bill 124, adopted in the senate on June 26,
1997, consists of the following documents: the bill as affected by Senate Amendment
1 (as affected by Senate Amendment 1 thereto).
Content of Engrossed 1997 Senate Bill 124:
This bill prevents the title or interest in real property currently belonging to the
state or a political subdivision of the state from being obtained by adverse possession
unless the adverse possession is based on a continuously maintained fence line that
has been mutually agreed upon by the current landowners.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB124-engrossed,2,5
1893.24
(1) A written instrument or judgment that declares the boundaries of
2real estate adversely possessed under
s. 893.29, 1995 stats., or s. 893.25, 893.26
, or 3893.27
or 893.29 does not affect any section line or any section subdivision line
4established by the United States public land survey or any section or section
5subdivision line based upon it.
SB124-engrossed,2,157
893.24
(2) Occupation lines that the court declares to be property lines by
8adverse possession under
s. 893.29, 1995 stats., or s. 893.25, 893.26
, or 893.27
or
9893.29 shall, by order of the court, be described by a retraceable description providing
10definite and unequivocal identification of the lines or boundaries. The description
11shall contain data of dimensions sufficient to enable the description to be mapped
12and retraced and shall describe the land by government lot, recorded private claim,
13quarter-quarter section, section, township, range and county, and by metes and
14bounds commencing with a corner marked and established by the United States
15public land survey or a corner of the private claim.
SB124-engrossed,2,18
17893.29 (title)
Adverse No adverse possession against the state or
18political subdivisions, special provision.
SB124-engrossed,3,220
893.29
(1) Title No title to or interest in real property belonging to the state or
21a city, village, town, county, school district, sewerage commission, sewerage district
22or any other unit of government within this state may be obtained by adverse
23possession, prescription or user under s. 893.25, 893.26, 893.27 or 893.28
only if the
24adverse possession, prescription or user continues uninterruptedly for more than 20
25years unless the adverse possession, prescription or user continues uninterruptedly
1for more than 20 years and is based upon a continuously maintained fence line which
2has been mutually agreed upon by the current landowners.
SB124-engrossed,3,75
893.29
(2m) Subsection (1) does not affect title to or interest in real property
6obtained by adverse possession, prescription or user under s. 893.25, 893.26, 893.27
7or 893.28 before the effective date of this subsection .... [revisor inserts date].
SB124-engrossed,3,109
(1) This act first applies to real property belonging to this state or a unit of
10government within this state on the effective date of this subsection.
