Wisconsin Easements, Landlocked Property and Eminent Domain (2026)

In Wisconsin, a prescriptive easement generally requires continuous adverse use of another person's land for at least 20 years (Wis. Stat. 893.28(1); 10 years of continuous use for certain utilities and cooperatives under 893.28(2)), and use of a way over unenclosed land, which the Wisconsin Supreme Court has read to mean wild, unimproved land, is presumed to be permissive rather than adverse (893.28(3)). On the eminent domain side, Wis. Stat. 32.03(6) bars condemnors authorized under s. 32.02(1) or (11) from condemning property that is not blighted when they intend to convey or lease it to a private entity, and a municipality may not condemn even blighted property outside its own boundaries for that purpose.

This page covers both halves of Wisconsin law: easements between private landowners first, then the power to take private property. For other states, see our guide to easement laws by state.

Information last verified on October 19, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers Wisconsin statutes and Wisconsin Supreme Court decisions on private easements and on condemnation of private property under chapter 32 of the Wisconsin Statutes. It does not cover adverse possession of title (see Wisconsin squatters' rights and adverse possession), homeowners' association covenants, zoning or regulatory takings, federal condemnation, or county and municipal ordinances.

Prescriptive Easements in Wisconsin: The 20-Year Rule

A prescriptive easement is a right to keep using another person's land, gained through long use rather than a written grant. Wisconsin sets the period by statute. Wis. Stat. 893.28(1) provides:

"Continuous adverse use of rights in real estate of another for at least 20 years, except as provided in s. 893.29 establishes the prescriptive right to continue the use."

The Wisconsin Supreme Court has listed the common-law elements as "(1) an adverse use hostile and inconsistent with the exercise of the titleholder's rights; (2) which was visible, open, and notorious; (3) under an open claim of right; and (4) was continuous and uninterrupted for twenty years" (Bauer v. Wisconsin Energy Corp., 2022 WI 11).

A shorter period applies to some utilities. Under 893.28(2), continuous use of rights in another's real estate for at least 10 years establishes the right when the user is a domestic corporation organized to furnish telegraph or telecommunications service or transmit heat, power or electric current "to the public or for public purposes," or certain cooperatives organized under ch. 185 or 193. In Bauer, the parties agreed that 893.28(2) displaced the common-law adversity requirement and reduced the period from 20 to 10 years.

When use is presumed adverse, and when it is presumed permissive

The statute and the case law set two presumptions, and which one applies depends on the land:

• Unenclosed land. "The mere use of a way over unenclosed land is presumed to be permissive and not adverse" (Wis. Stat. 893.28(3)). In Shellow v. Hagen (1960), the Wisconsin Supreme Court read the earlier statute containing this rule as applying "only to uninclosed land which had been defined in the Bassett Case as wild and unimproved land," meaning "unimproved property largely in the state of nature," and declined to apply it to land that had been "occupied and used continuously."
• Long unexplained use. In Shellow v. Hagen (1960), the Wisconsin Supreme Court quoted and applied the rule that "When it is shown that there has been the use of an easement for twenty years, unexplained, it will be presumed to have been under a claim of right and adverse," and that the landowner then "has the burden of proving that the use of the easement was under some license, indulgence, or special contract inconsistent with the claim of right by the other party." The court added that a presumption of permission "cannot arise merely from the fact that the plaintiffs and the defendants were neighbors."

Under both rules, a use that rests on the owner's permission is not adverse, so whether the owner gave permission is often the central question.

No prescription against government land

Wis. Stat. 893.29(1) provides that, except as provided in sub. (2)(b), "no title to or interest in real property belonging to the state or a city, village, town, county, school district, sewerage commission, sewerage district or any other unit of government within this state may be obtained by adverse possession under s. 893.25, 893.26, or 893.27 or by continuous adverse use under s. 893.28."

The bar applies to a claim based on continuous adverse use that began on or after March 3, 1996 (893.29(2)(a)), and it does not affect an interest obtained by continuous adverse use on or before March 3, 2016 (893.29(2)(b)).

Those cross-references show that adverse possession of title is a separate set of statutes (893.25 to 893.27). Our page on Wisconsin squatters' rights and adverse possession covers that doctrine; a prescriptive easement gives a right to continue a use, not ownership of the land.

Stopping a prescriptive easement: affidavit of interruption

Wis. Stat. 893.305 lets a record title holder interrupt continuous adverse use under 893.28(1) by doing all of the following:

• recording with the county register of deeds an affidavit of interruption, along with a survey of the parcel "certified no earlier than 5 years before the date of recording";
• giving notice of the recorded affidavit: by certified mail to a neighbor or other known user, or by published notice if the user is unknown (893.305(4));
• recording proof that the notice was given; and
• if the user is a neighbor, recording a notice of the affidavit on the neighbor's abutting parcel "within 90 days of the date the neighbor received the notice."

The use is interrupted on the date the affidavit is recorded, and "A new period of adverse possession or continuous adverse use may begin after the date on which the affidavit of interruption is recorded" (893.305(5)). Recording the affidavit is not an admission that the use is adverse (893.305(7)), and the statute says this procedure "is not exclusive" (893.305(8)).

Landlocked Property in Wisconsin

Wisconsin law offers two routes when land has no access to a public road: an application to the town board for a public highway, and the common-law way of necessity.

Town board highway under Wis. Stat. 82.27

"The owner of real estate located within a town may apply to the town board to have a highway laid out to the owner's land" (Wis. Stat. 82.27(2)). The application addresses whether the land "is shut out from all public highways by being surrounded by real estate owned by other persons, or by real estate owned by other persons and by water," and whether "the owner is unable to purchase a right-of-way to a public highway from the owners of the adjoining real estate or that such a right-of-way cannot be purchased except at an exorbitant price."

Key points from the statute:

• The town board decides "in its discretion, whether to grant the application" (82.27(4)(a)). Approval is not automatic.
• A new highway "shall be at least 66 feet wide unless the board determines this width to be impracticable."
• "The applicant shall pay the town treasurer the amount determined as advantages within 30 days of the board's decision." The landlocked owner, not the town, bears that cost, and the 30-day window is short. "Advantages" means the greater of the increase in the land's value or the town's administrative costs plus the estimated construction cost and the damages paid to the neighbor (82.27(1)).
• If the board denies the application, 50 percent of the town's reasonable attorney fees, survey and valuation costs, administrative costs and special-meeting per diems may be charged to the applicant (82.27(5)), and a denial "shall be final for the term of 3 years" (82.27(9)).
• An owner whose private way or road is too narrow for reasonable access may apply to have it widened (82.27(2)(b)).
• If an owner of accessible land in a town subdivides and sells a part without providing a cleared easement at least 66 feet wide from the highway to the part sold, the town board may lay out a road over the seller's remaining land "without assessment of damages or compensation to the seller" (82.27(6)).

The result is a public highway laid out by the town, not a private easement.

Common-law way of necessity

Wisconsin courts also recognize a way of necessity. In Ludke v. Egan (1979), the Wisconsin Supreme Court explained that a way of necessity "typically arises where an owner serves a landlocked portion of his property by conveying such parcel to another," and that "The way is implied over the land retained by the grantor. A way of necessity will only be implied where one cannot reach the highway over his own land." The court also quoted the rule that use of a way of necessity "is permissive and not adverse, and cannot constitute the foundation of a prescriptive easement," and noted that a bona fide purchaser without notice has a defense to an easement by necessity.

The court described the principal difference from a prescriptive easement: "a prescriptive easement is permanent, whereas a way of necessity will continue as long as the necessity exists and until another lawful way has been acquired."

Shared Driveways: Who Pays for Maintenance

Wis. Stat. 710.20(2) addresses private roads and driveways used under an access easement. The beneficial users "shall contribute to the reasonable and necessary costs of maintenance and repair" as provided in a written agreement, in the instrument that created the access easement, or in a deed restriction, covenant, or declaration. "In the absence of such a document and except as provided under sub. (3), the beneficial users shall contribute an equitable share based on the amount and intensity of each beneficial user's actual use in proportion to the amount and intensity of all beneficial users' actual use."

Under 710.20(3), if a beneficial user, or that user's guest or invitee, damages the road "except reasonable wear and tear, the beneficial user is solely responsible for the costs of repairing the damage." The section does not apply where the easement holder or the burdened owner is a railroad, public utility, water carrier, electric cooperative, natural gas company, or the state or a political subdivision (710.20(4)).

Express Easements and Recording

Wisconsin's conveyancing statute sets formal requirements for written transfers of interests in land. For transactions covered by Wis. Stat. 706.001(1), Wis. Stat. 706.02(1) provides that they "shall not be valid unless evidenced by a conveyance that satisfies all of the following," including that it identifies the parties, the land and the interest conveyed.

Recording matters later, too, because the marketable title statute ties protection to the recording date (see below). To look up recorded deeds and easements, see our guide to Wisconsin property records.

Wisconsin also has a Uniform Conservation Easement Act, codified at Wis. Stat. 700.40.

How an Easement Ends in Wisconsin

The Wisconsin sources on this page address these endings or limits:

• Way of necessity ends with the necessity. Under Ludke v. Egan, a way of necessity continues "as long as the necessity exists and until another lawful way has been acquired," unlike a prescriptive easement, which the court described as permanent (though see the recording rule below).
• Recorded easements and the 40-year window. Wis. Stat. 893.33(6) provides that "Actions to enforce easements, or covenants restricting the use of real estate, set forth in any recorded instrument shall not be barred by this section for a period of 40 years after the date of recording such instrument, and the timely recording of an instrument expressly referring to the easements or covenants or of notices pursuant to this section shall extend such time for 40-year periods from the recording."
• Easements the marketable title section does not reach. Under 893.33(6m), the section "does not apply to" a conservation easement under s. 700.40, or to an easement in a recorded instrument that allows a person to travel across another's land to reach a location or for another specified purpose, if any one of the statute's listed conditions applies, for example that the instrument was recorded on or after January 1, 1960 (893.33(6m)(b)).
• Unrecorded prescriptive easements: the 30-year recording rule. The Wisconsin Court of Appeals held in Schauer v. Baker (2004) that once a prescriptive easement has accrued under 893.28(1), "the holder of the prescriptive easement must comply with the recording requirements within thirty years, as required by § 893.33(2), or lose his or her right to continued use." Only a purchaser of the land, or a qualifying successor, may assert 893.33 (893.33(7)).

Easements acquired for public use have their own abandonment section, Wis. Stat. 32.16 ("Abandonment of easements for public use").

Eminent Domain in Wisconsin

Eminent domain is the power of the government, and of certain private entities the legislature authorizes, to take private property for public use with compensation. For the federal rules and every other state, see our guide to eminent domain laws by state.

Article I, section 13 of the Wisconsin Constitution provides: "The property of no person shall be taken for public use without just compensation therefor." Article XI, section 2 adds that no municipal corporation shall take private property for public use against the owner's consent "without the necessity thereof being first established in the manner prescribed by the legislature."

In Kelo v. City of New London (2005), the U.S. Supreme Court held that takings under a city's economic development plan satisfied the Fifth Amendment's public use requirement, and it emphasized that "nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power." When a federal agency funds a state acquisition, 42 U.S.C. 4655(a) requires assurances that the acquiring agency will be guided, "to the greatest extent practicable under State law," by the federal land acquisition policies in 42 U.S.C. 4651.

Who can condemn property in Wisconsin

Wis. Stat. 32.02 lists the entities that may condemn. They include "Any Wisconsin corporation transmitting gas, oil or related products in pipelines for sale to the public directly or for sale to one or more other corporations furnishing such gas, oil or related products to the public" (32.02(9)) and "Any business entity authorized to do business in Wisconsin that shall transmit oil or related products including all hydrocarbons which are in a liquid form at the temperature and pressure under which they are transported in pipelines in Wisconsin, and shall maintain terminal or product delivery facilities in Wisconsin, and shall be engaged in interstate or international commerce, subject to the approval of the public service commission upon a finding by it that the proposed real estate interests sought to be acquired are in the public interest" (32.02(13)).

Chapter 32 sets limits:

• "Property may not be acquired by condemnation to establish or extend a recreational trail; a bicycle way ... a bicycle lane ... or a pedestrian way" (Wis. Stat. 32.015).

• The general power "does not extend to property owned by the state, a municipality, public board or commission, nor to the condemnation by a railroad, public utility or electric cooperative of the property of either a railroad, public utility or electric cooperative unless such power is specifically conferred by law" (32.03(1)).

• If an electric utility must obtain a certificate of public convenience and necessity from the Public Service Commission under s. 196.491(3), no right to acquire real estate by condemnation under s. 32.02 or 32.075(2) accrues "until such a certificate of public convenience and necessity has been issued" (32.03(5)(a)).

Limits on taking property for private development

Wisconsin's main limit on private-transfer takings is Wis. Stat. 32.03(6)(b):

"Subject to par. (bm), property that is not blighted property may not be acquired by condemnation by an entity authorized to condemn property under s. 32.02 (1) or (11) if the condemnor intends to convey or lease the acquired property to a private entity."

Paragraph (bm) adds a further limit rather than an exception: "If the condemnor is a municipality, the municipality may not acquire blighted real property that it intends to convey or lease to a private entity if the property is outside of the boundaries of the municipality." Before condemning property outside its boundaries, a municipality must make written findings and give a copy to the owner and to each town, village or city where the property is located.

The statutory history of section 32.03 lists 2005 Wisconsin Act 233 and 2021 Wisconsin Act 198 among its amendments.

"Blighted property" means property that, by reason of abandonment, dilapidation, deterioration, age or obsolescence, or a combination of the factors the statute lists, "is detrimental to the public health, safety, or welfare" (32.03(6)(a)). A single home gets added protection: "Property that consists of only one dwelling unit is not blighted property unless, in addition, at least one of the following applies":

1. The property is not occupied by the owner, the owner's spouse, or an individual related to the owner by blood, marriage or adoption within the 4th degree of kinship under s. 990.001(16).
2. "The crime rate in, on, or adjacent to the property is at least 3 times the crime rate in the remainder of the municipality in which the property is located."

Before starting such a condemnation, the condemnor "shall make written findings and provide a copy of the findings to the owner of the property," including "A finding that the owner's property is blighted and the reasons for that finding" (32.03(6)(c)).

Two procedures: Wis. Stat. 32.05 and 32.06

Chapter 32 has two main condemnation tracks, and the deadlines depend on which one governs the project:

• Wis. Stat. 32.05, titled "Condemnation for sewers and transportation facilities," governs those projects. If the owner rejects the jurisdictional offer, the condemnor makes a written award of compensation (32.05(7)), and the owner may appeal it.
• Wis. Stat. 32.06 governs "all matters except acquisitions under s. 32.05 or 32.22" and certain other listed acquisitions. That includes utilities and pipelines: under 32.075(2), a utility may "proceed with condemnation as prescribed in s. 32.06." If the offer is not accepted, the condemnor files a verified petition in circuit court, and the judge assigns the matter to the county condemnation commissioners, who set compensation after a hearing (32.06(7)). The date the lis pendens is filed is generally the valuation date, but for an energy facility under s. 196.491(1) it is 2 years before the certificate of public convenience and necessity is issued (32.06(7)).

Both tracks start the same way. The condemnor must "provide the owner with a full narrative appraisal upon which the jurisdictional offer is based." The owner may obtain an appraisal by a qualified appraiser and submit its reasonable costs to the condemnor for payment, but "The owner shall submit a full narrative appraisal to the condemnor within 60 days after the owner receives the condemnor's appraisal" (32.05(2)(b), 32.06(2)(b)). Before making the jurisdictional offer, "the condemnor shall attempt to negotiate personally with the owner or one of the owners or his or her representative" (32.05(2a), 32.06(2a)).

If only part of a property is taken and the rest would be an "uneconomic remnant," the condemnor "shall offer to acquire the remnant concurrently" (32.05(3m), 32.06(3m)). A court may also let a condemnor take possession while the proceedings are pending, on paying into court a sufficient sum or giving security (32.12(1)).

Deadlines to challenge a taking or the amount

The 40-day suit covers the right to take, not the price, and it is brought in the circuit court of the county where the property is located. Under 32.06(9), the condemnor may petition for leave to abandon within 30 days after the commission's award is filed; otherwise it must pay the award within 70 days after that filing.

Owner traps

• The 40-day right-to-take suit is the only route. It is "the only manner in which any issue other than the amount of just compensation" or title may be raised; an owner who misses it "shall be barred" (32.05(5)) or "shall be forever barred" (32.06(5)) "from raising any such objection in any other manner." Filing it does not stop the condemnor from proceeding.
• Keeping award money bars that suit. Under 32.05(3)(h), "the acceptance and retention of any compensation resulting from an award made prior to the commencement of such an action shall be an absolute bar to such action."
• 60 days after a commission award. Either side's appeal to circuit court must come within 60 days after the commission's award is filed (32.05(10)(a), 32.06(10)).
• A bond to withdraw money during a 32.06 appeal. If either party appeals the commission's award, the owner may not receive the compensation paid into court "unless the owner files with the clerk of the court a surety bond executed by a licensed corporate surety company in an amount equal to one-half of the commission's award" (32.06(11)).
• 6 months after a recorded sale. An owner who sells by negotiation has 6 months after the conveyance (32.05(2a)) or certificate of compensation (32.06(2a)) is recorded to appeal the amount, not 2 years.
• 2 years for relocation claims. Claims under 32.19 and 32.195 must be filed "not later than 2 years after the condemnor takes physical possession of the entire property acquired" (32.20).
• 30 years to record a prescriptive easement. On the easement side, an unrecorded prescriptive easement can be lost if its holder does not record within 30 years under 893.33(2) (Schauer v. Baker, 2004).

How just compensation is calculated

For a partial taking "of property other than an easement," Wis. Stat. 32.09(6) sets compensation at the greater of the fair market value of the property taken as of the date of evaluation, or the difference between the fair market value of the whole property immediately before that date and the fair market value of the remainder immediately after. The items the statute lists include "Damages resulting from actual severance of land" and "Deprivation or restriction of existing right of access to highway from abutting land."

For an easement taken in land zoned or used for agriculture to build or operate a high-voltage transmission line or "any petroleum or fuel pipeline," the offer must state both a lump sum and an amount payable annually, and "The condemnee shall choose between the lump sum and the annual payment method" (32.09(6r)).

Three further rules affect the amount:

• Special benefits offset. Special benefits to the property from the planned improvement "shall be considered and used to offset the value of property taken or damages," but never beyond the damages (32.09(3)).
• Easement takings. "In the case of the taking of an easement," compensation is the fair market value of the whole property immediately before the date of evaluation minus the fair market value of the remainder immediately after, assuming completion of the project (32.09(6g)). This before-and-after rule governs most utility and pipeline easements.
• Lump sum choice is final. Under 32.09(6r), "Selection of the lump sum method of payment shall irrevocably bind the condemnee and successors in interest."

Wis. Stat. 32.09 adds no percentage premium for an owner-occupied home. The extra payment for owner-occupants is the relocation payment described below.

Litigation expenses (attorney fees)

Wis. Stat. 32.28(3) provides that "In lieu of costs under ch. 814, litigation expenses shall be awarded to the condemnee" in the situations it lists. They include:

• "The proceeding is abandoned by the condemnor";
• "The judgment is for the plaintiff in an action under s. 32.10";
• the court determines that the condemnor "does not have the right to condemn part or all of the property" or "there is no necessity for its taking"; and
• the condemnation commission's award exceeds the jurisdictional offer or the highest written offer before it "by at least the amount specified in sub. (4) and at least 15 percent and neither party appeals."

The dollar amount in 32.28(4)(a) "shall be $2,700, adjusted as specified in par. (b)," and it also applies to the further situations in paragraphs (e) to (i) of subsection (3).

Moving out and relocation payments

For condemnations under 32.05, "No person occupying real property may be required to move from a dwelling or move his or her business or farm without at least 90 days' written notice of the intended vacation date from the condemnor" (Wis. Stat. 32.05(8)(b)). The displaced person also gets rent-free occupancy for 30 days, starting with the next 1st or 15th day of the month after title vests in the condemnor, whichever is sooner. The condemnor "may not require the persons who occupied the premises on the date that title vested in the condemnor to vacate until a comparable replacement property is made available," a rule that, on projects without federal financial assistance, does not cover persons who waived relocation benefits or are not displaced persons (32.05(8)(c)).

Under Wis. Stat. 32.19, in addition to other amounts authorized, the condemnor "shall make a payment, not to exceed $25,000," to a displaced person displaced from a dwelling actually owned and occupied, or from a mobile home site actually owned or occupied, by that person "for not less than 180 days prior to the initiation of negotiations for the acquisition of the property." The payment "includes only" listed items, chiefly the amount that, added to the acquisition payment, equals the reasonable cost of a comparable replacement dwelling. It is made only to a person who buys and occupies a decent, safe and sanitary replacement dwelling within one year after moving out or receiving payment from the condemnor, whichever is later, unless the condemnor extends the period for good cause (32.19(4)(ag)).

Other payments under 32.19 carry their own caps, including expenses to reestablish a business or farm "not to exceed $10,000" and a tenant's rental payment "not to exceed $8,000." If a comparable dwelling is not available within the $25,000 or $8,000 replacement-housing limits, "the condemnor may exceed the monetary limits and make payments necessary to provide a comparable dwelling" (32.19(4)(c)). Claims for these items must be filed with the condemnor no later than 2 years after it takes physical possession of the entire property; if a claim is not allowed within 90 days, the claimant may sue (32.20).

When a condemnor occupies land without condemning it

Wis. Stat. 32.10 covers property taken in fact without a condemnation. "If any property has been occupied by a person possessing the power of condemnation and if the person has not exercised the power, the owner, to institute condemnation proceedings, shall present a verified petition to the circuit judge of the county wherein the land is situated asking that such proceedings be commenced." If the judgment is for the owner in a 32.10 action, litigation expenses are awarded under 32.28(3)(c).

Return of land a utility condemned but did not use

Under Wis. Stat. 32.075(3), when a public utility obtained title after May 1, 1984 solely by a condemnation award under 32.06, and its certificate or a required permit is revoked or denied or it abandons the project, and within 365 days it has not proposed an alternative use (or the Public Service Commission denies one), the commission must notify the former owner by certified mail. The former owner may petition the circuit court "within 90 days after receipt of the notice" for return of the property, paying the utility its fair market value as the court determines; the court may award court costs and reasonable attorney fees (32.075(3)(c), (d)). Separately, where a utility condemns land under 32.075(2) ahead of construction, "the owner may continue to use the land until such time as the public utility constructs its facilities thereon."

Wisconsin Easement and Eminent Domain Rules at a Glance

Related Wisconsin Property Guides

• Easement laws by state
• Eminent domain laws by state
• Wisconsin squatters' rights and adverse possession
• Wisconsin property records and ownership searches

This article provides general legal information about Wisconsin easement and eminent domain law, not legal advice. For a specific situation, contact a lawyer licensed in Wisconsin.

Last updated: October 20, 2026.

Frequently Asked Questions

How long does it take to get a prescriptive easement in Wisconsin?

Wis. Stat. 893.28(1) generally requires continuous adverse use of rights in another person's real estate for at least 20 years, except as 893.29 provides for government land. Certain domestic corporations that furnish telegraph or telecommunications service or transmit heat, power or electric current to the public or for public purposes, and certain cooperatives, need 10 years of continuous use (893.28(2)). The Wisconsin Supreme Court has described the use as hostile, visible, open and notorious, under an open claim of right, and continuous and uninterrupted (Bauer v. Wisconsin Energy Corp., 2022).

Can you get a prescriptive easement over public land in Wisconsin?

Generally no. Wis. Stat. 893.29(1) says no title to or interest in real property belonging to the state or a city, village, town, county, school district or other unit of government may be obtained by adverse possession or continuous adverse use. The bar applies to use that began on or after March 3, 1996, and does not affect an interest obtained on or before March 3, 2016 (893.29(2)).

Is using a path across a neighbor's land enough for a prescriptive easement in Wisconsin?

Over wild, unimproved land, use alone is presumed permissive: Wis. Stat. 893.28(3) presumes the mere use of a way over unenclosed land to be permissive and not adverse, and Shellow v. Hagen (1960) read that rule as limited to wild, unimproved land. Over other land, Shellow applied the rule that 20 years of unexplained use is presumed adverse, with the landowner bearing the burden of proving permission, and said permission cannot be presumed merely because the parties were neighbors.

How do I stop someone from getting a prescriptive easement in Wisconsin?

Wis. Stat. 893.305 lets a record title holder interrupt continuous adverse use by recording an affidavit of interruption with the register of deeds, along with a survey of the parcel certified no earlier than 5 years before recording, giving notice to the user (by certified mail, or by publication if the user is unknown), recording proof of the notice and, for a neighbor, recording a notice of the affidavit on the neighbor's abutting parcel within 90 days of the date the neighbor received the notice. The use is interrupted on the recording date, a new period may begin afterward, and the statute says the procedure is not exclusive. Permission also matters: a use that rests on the owner's permission is not adverse (Shellow v. Hagen, 1960).

What happens if property is landlocked in Wisconsin?

An owner of land in a town that is shut out from all public highways may apply to the town board under Wis. Stat. 82.27 to have a highway laid out, and the board decides in its discretion; the applicant pays the amount set as advantages within 30 days of the decision. If the board denies the application, half of certain town costs may be charged to the applicant, and the denial is final for 3 years. Separately, a common-law way of necessity typically arises when an owner conveys a landlocked parcel; it is implied over the seller's retained land, and only where the owner cannot reach the highway over the owner's own land (Ludke v. Egan, 1979).

Who pays to maintain a shared driveway in Wisconsin?

Under Wis. Stat. 710.20(2), the beneficial users of a private road or driveway contribute to reasonable and necessary maintenance and repair costs as a written agreement, the easement instrument or a deed restriction, covenant or declaration provides. Without such a document, each pays an equitable share based on the amount and intensity of actual use, but a user who, or whose guest or invitee, damages the road beyond reasonable wear and tear pays that repair alone (710.20(3)). The section does not apply where a railroad, public utility, water carrier, electric cooperative, natural gas company or government holds or is burdened by the easement.

Can Wisconsin take property for a private developer?

Wis. Stat. 32.03(6)(b) bars a condemnor authorized under s. 32.02(1) or (11) from condemning property that is not blighted if it intends to convey or lease the property to a private entity, and 32.03(6)(bm) bars a municipality from taking even blighted property outside its boundaries for that purpose. A property with only one dwelling unit is not blighted unless it is not occupied by the owner or certain relatives, or the nearby crime rate is at least 3 times the rest of the municipality's.

Can a pipeline company use eminent domain in Wisconsin?

Wis. Stat. 32.02(9) and (13) list Wisconsin corporations transmitting gas, oil or related products in pipelines for sale to the public or to corporations that furnish them to the public, and, subject to approval of the Public Service Commission on a finding that the interests sought are in the public interest, business entities that transmit oil or liquid hydrocarbons by pipeline in Wisconsin, maintain terminal or delivery facilities in the state and are engaged in interstate or international commerce, among those that may condemn. Utility and pipeline condemnations follow the procedure in Wis. Stat. 32.06. For an easement in agricultural land for a petroleum or fuel pipeline, the offer must state both a lump sum and an annual payment, and the owner chooses between them (32.09(6r)).

How long do I have to challenge an eminent domain taking in Wisconsin?

It depends on the track. Wis. Stat. 32.05 governs sewers and transportation facilities; 32.06 governs nearly all other condemnations, including utilities and pipelines. Under both, an owner who wants to contest the right to condemn, for any reason other than that the compensation offered is inadequate, must sue in circuit court within 40 days from personal service of the jurisdictional offer or the postmark of the certified letter sending it (32.05(5), 32.06(5)); missing that window bars the objection. To challenge the amount: under 32.05, the award may be appealed within 2 years after the date of taking (32.05(9)(a), (11)); under both tracks, a commission's award may be appealed to circuit court within 60 days after it is filed (32.05(10)(a), 32.06(10)); and a negotiated sale may be appealed within 6 months after the conveyance or certificate of compensation is recorded (32.05(2a), 32.06(2a)).

Does the condemnor pay attorney fees in a Wisconsin eminent domain case?

Wis. Stat. 32.28(3) awards litigation expenses to the owner, in lieu of ordinary costs, in listed situations. They include abandonment of the proceeding, a ruling that the condemnor has no right to condemn or no necessity for the taking, and a commission award that exceeds the jurisdictional offer or highest prior written offer by at least 15 percent and at least a dollar amount based on $2,700 as adjusted under 32.28(4)(b), when neither party appeals.

Do homeowners get extra compensation for eminent domain in Wisconsin?

Wis. Stat. 32.09 does not add a percentage premium for homes. Separately, Wis. Stat. 32.19 requires a payment of up to $25,000 to a displaced person who owned and occupied the dwelling for at least 180 days before negotiations began, in addition to other amounts authorized, and the condemnor may exceed that limit when a comparable dwelling is not available within it (32.19(4)(c)).