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2010AP2076 DNR v. Building

By: WISCONSIN LAW JOURNAL STAFF//July 6, 2011//

2010AP2076 DNR v. Building

By: WISCONSIN LAW JOURNAL STAFF//July 6, 2011//

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Property
Adverse possession

In 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.

“As relevant, Wis. Stat. § 990.06, provides, ‘[T]he act repealed shall be held to continue in force and be operative to determine all such limitations and periods of time which shall have previously begun to run unless such repealing act shall otherwise expressly provide.’ We therefore agree with the Wieds that to terminate an already running period of adverse possession, the 1998 version of Wis. Stat. § 893.29 must contain an express statement to that effect. It does not. We reject the DNR’s contention that § 893.29(2m) is the express provision envisioned by § 990.06 based on ‘the negative implication to be drawn from what is not included’ in that subsection.”

Affirmed.

Recommended for publication in the official reports.

2010AP2076 DNR v. Building

Dist. III, Marinette County, Miron, J., Hoover, J.

Attorneys: For Appellant: Hunter, Robert M., Madison; For Respondent: Burnett, R. George, Green Bay; Herrick, David J., Niagara; Schmidt, T. Wickham, Green Bay

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