Wisconsin Statutes

Wis. Stat. § 114.03 (2026)

Landowner’s rights skyward

✓ current as of July 2026

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114.03114.03 Landowner’s rights skyward. The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in s. 114.04.

Notes of Decisions

Cited in 5 cases, 1949–2020 · leading case: Brenner v. New Richmond Reg'l Airport Comm'n, 2012 WI 98 (Wis. 2012).

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Brenner v. New Richmond Reg'l Airport Comm'n, 2012 WI 98 (Wis. 2012). · cites it 4× “First, Wis. Stat. § 114.03 provides: Landowner's rights skyward.”

Repub. Airlines, Inc. v. Wisconsin Dep't of Revenue, 464 N.W.2d 62 (Wis. Ct. App. 1990). · cites it 4× “Section 114.03 defines landowner's sky rights; sec.”

Leipske v. Guenther, 7 Wis. 2d 86 (Wis. 1959). · cites it 2× “For present purposes we may assume that Brownie trespassed on school property when he reached over the fence, since the ownership of the space above the land is vested in the owner of the surface beneath (sec.”

Maitland v. Twin City Aviation Corp., 37 N.W.2d 74 (Wis. 1949). “Sec. 114.03, Stats., provides as follows: “Landowner’s rights skyward.”

Shaun Koenig v. Timothy N. Aldrich (Wis. Ct. App. 2020). · cites it 2× “03 governs “[l]andowner’s rights skyward,” and it provides: “The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in s.”

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