Wisconsin Statutes
Wis. Stat. § 893.29 (2026)
No adverse possession by or against the state or political subdivisions
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
893.29(1)(1) 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.
893.29(1m)(1m) Except as provided in sub. (2) (d), no city, village, town, county, school district, sewerage commission, sewerage district, or any other unit of government within this state may obtain title to private property, as defined in s. 943.13 (1e) (e), by adverse possession under s. 893.25, 893.26, or 893.27.
893.29(2)(a)(a) Subsection (1) applies to a claim of title to or interest in real property based on adverse possession or continuous adverse use that began on or after March 3, 1996.
893.29(2)(b)(b) Subsection (1) does not affect title to or interest in real property obtained on or before March 3, 2016, by adverse possession under s. 893.25, 893.26, or 893.27 or by continuous adverse use under s. 893.28.
893.29(2)(c)1.1. Subsection (1m) applies to a claim of title to real property based on adverse possession under s. 893.25 that began after March 3, 1996.
893.29(2)(c)2.2. Subsection (1m) applies to a claim of title to real property based on adverse possession under s. 893.26 that began after March 3, 2006.
893.29(2)(c)3.3. Subsection (1m) applies to a claim of title to real property based on adverse possession under s. 893.27 that began after March 3, 2009.
893.29(2)(d)(d) Subsection (1m) does not affect title to real property obtained on or before March 3, 2016, by adverse possession under s. 893.25, 893.26, or 893.27.
893.29 AnnotationThis section does not apply to a railroad. A railroad right-of-way is subject to adverse possession, the same as other lands. Meiers v. Wang, 192 Wis. 2d 115, 531 N.W.2d 54 (1995).
893.29 AnnotationIn the absence of an express provision to the contrary, one who adversely possesses under an earlier version of the adverse possession statute may continue possession under the terms of that statute even after its repeal and re-creation. DNR v. Building & All Related or Attached Structures, 2011 WI App 119, 336 Wis. 2d 642, 803 N.W.2d 86, 10-2076.
893.29 AnnotationUnder former sub. (2) (c), 1987 stats., the claimant was barred from adversely possessing any real property of a highway, including property held by the town for highway purposes. The parcel in question, although not improved as a highway, was dedicated as a street on a subdivision plat that was recorded in 1986. As such, under s. 236.29 (1), the recorded subdivision plat vested fee simple ownership of the disputed parcel in the town, which held that parcel in trust for use as a street. Under those circumstances, the disputed parcel was held by the town for highway purposes and was not subject to adverse possession. Casa De Calvo v. Town of Hudson, 2020 WI App 67, 394 Wis. 2d 342, 950 N.W.2d 939, 19-1851.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1983–2023 · leading case: Wisconsin Dep't of Nat. Resources v. Bldg. & All Related or Attached Structures Encroaching on the Lake Noquebay Wildlife Area, 2011 WI App 119 (Wis. Ct. App. 2011).
Wisconsin Dep't of Nat. Resources v. Bldg. & All Related or Attached Structures Encroaching on the Lake Noquebay Wildlife Area, 2011 WI App 119 (Wis. Ct. App. 2011). “The primary issue presented is which version of Wis. Stat. § 893.29 applies, as it was repealed and recreated twice during the time the Wieds adversely possessed the DNR's land.”
Williams v. Am. Transmission Co., LLC, 2007 WI App 246 (Wis. Ct. App. 2007). “On the contrary, the statute makes an exception only for certain government landowners as described in Wis. Stat. § 893.29 . See § 893.28(2). Williams does not suggest that a railroad landowner falls within this exception.”
Meiers v. Wang, 531 N.W.2d 54 (Wis. 1995). “Consequently, the statutory protections of § 893.29 are not implicated. *130 Accordingly, public, policy considerations do not protect a railroad, which has purchased land for a right-of-way, from a later adverse possession claim brought by a private citizen.”
Timothy M. Casa De Calvo, Jr. v. Town of Hudson (Wis. Ct. App. 2020). “§ 893.29 bars him from adversely possessing the property in question, as a matter of law.”
Petropoulos v. City of West Allis, 436 N.W.2d 880 (Wis. Ct. App. 1989). “The circuit court rendered judgment after concluding that sec. 893.29, Stats. (1979), which provided a twenty-year statute of limitations for adverse possession claims, applied to this case, rather than sec.”
Bruce Fuchs v. Wisconsin Dep't of Nat. Resources (Wis. Ct. App. 2023). “§ 893.29 (1993-94) to the portion of the Town Beach that contains the shed and septic tank.”
Dept. of Transp. v. Black Angus Steak House, 330 N.W.2d 240 (Wis. Ct. App. 1983). “The DOT subsequently brought an action against Black Angus pursuant to sec.”
— Wis. Stat. § 893.29(1) — 2 cases
Bruce Fuchs v. Wisconsin Dep't of Nat. Resources (Wis. Ct. App. 2023). “§ 893.29 (1993-94) to the portion of the Town Beach that contains the shed and septic tank.”
Timothy M. Casa De Calvo, Jr. v. Town of Hudson (Wis. Ct. App. 2020). “§ 893.29 bars him from adversely possessing the property in question, as a matter of law.”
— Wis. Stat. § 893.29(2) — 1 case
Timothy M. Casa De Calvo, Jr. v. Town of Hudson (Wis. Ct. App. 2020). “§ 893.29 bars him from adversely possessing the property in question, as a matter of law.”
— Wis. Stat. § 893.29(2)(c) — 1 case
Timothy M. Casa De Calvo, Jr. v. Town of Hudson (Wis. Ct. App. 2020). “§ 893.29 bars him from adversely possessing the property in question, as a matter of law.”
— Wis. Stat. § 893.29(2m) — 1 case
Wisconsin Dep't of Nat. Resources v. Bldg. & All Related or Attached Structures Encroaching on the Lake Noquebay Wildlife Area, 2011 WI App 119 (Wis. Ct. App. 2011). “The primary issue presented is which version of Wis. Stat. § 893.29 applies, as it was repealed and recreated twice during the time the Wieds adversely possessed the DNR's land.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.