LRB-2872/3
RNK:bjk&jld:jf
2007 - 2008 LEGISLATURE
December 21, 2007 - Introduced by Representatives Friske, Gunderson,
Gronemus, Mursau, Meyer, Nerison, M. Williams, Bies, Townsend, Hahn,
Ballweg, LeMahieu, Musser
and Montgomery, cosponsored by Senator
Roessler. Referred to Committee on Natural Resources.
AB641,1,2 1An Act to create 23.37 of the statutes; relating to: requiring the Department
2of Natural Resources to grant easements over certain lands.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources (DNR) to grant to a
landowner an easement over land under DNR's jurisdiction or control (DNR land) to
allow the landowner access to his or her own land. Under the bill, a landowner is
entitled to an easement if the landowner was permitted a way of access over the DNR
land by DNR's predecessor in interest in the land and if DNR acquired the land for
recreational use by the public. The bill generally requires the landowner to make a
request to DNR for an easement within a year after DNR acquired the land. Under
the bill, DNR may require the landowner to furnish written evidence that the
landowner was permitted a way of access over the DNR land by the department's
predecessor in interest.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB641, s. 1 3Section 1. 23.37 of the statutes is created to read:
AB641,1,5 423.37 Easement for access to land. (1) In this section, "department land"
5means land under the jurisdiction or control of the department.
AB641,2,5
1(2) The department shall, upon request, grant to a landowner an easement over
2department land to allow a way of access to land owned by the landowner if the
3landowner was permitted a way of access over the department land by the
4department's predecessor in interest in the department land, and the department
5acquired the land for recreational use by the public.
AB641,2,8 6(3) A landowner making a request to the department for an easement under
7this section shall make the request no later than one year after the date on which the
8department acquired the land.
AB641,2,12 9(4) The department may require the landowner requesting an easement under
10this section to furnish the department with written evidence that the landowner was
11permitted a way of access over the department land by the department's predecessor
12in interest.
AB641, s. 2 13Section 2. Nonstatutory provisions.
AB641,2,2014 (1) Notwithstanding the time limit for making a request to the department of
15natural resources for an easement specified under section 23.37 (3) of the statutes,
16as created by this act, a landowner who makes a request for an easement over land
17acquired by the department of natural resources within 365 days before the effective
18date of this subsection is eligible to receive the easement if the landowner makes the
19request to the department no later than the first day of the 13th month beginning
20after the effective date of this subsection.
AB641,2,2121 (End)
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