§ 38-106. Trespass to land.  


Latest version.
  • (a)

    Section 943.13, Wis. Stats., and any future amendments thereto, is adopted by reference.

    (b)

    In this section:

    (1)

    Dwelling unit means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of others.

    (2)

    Implied consent means conduct or words or both that imply that an owner or occupant of land has given consent to another person to enter the land.

    (3)

    Inholding means a parcel of land that is private property and that is surrounded completely by land owned by the United States, by this state or by a local government unit or any combination of the United States, this state and local governmental unit.

    (4)

    Local governmental unit means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district or a combination or subunit of any of the foregoing.

    (5)

    Place of employment has the meaning given in Wis. Stats. § 101.01(11).

    (6)

    Private property means real property that is not owned by the United States, this state or a local governmental unit.

    (7)

    Undeveloped land means land that meets all of the following criteria:

    a.

    The land is not occupied by a structure or improvement being used or occupied as a dwelling unit.

    b.

    The land is not part of the curtilage, or is not lying in the immediate vicinity, of a structure or improvement being used or occupied as a dwelling unit.

    c.

    The land is not occupied by a public building.

    d.

    The land is not occupied by a place of employment.

    (c)

    Whoever does any of the following is subject to a forfeiture not to exceed $1,000.00:

    (1)

    Enters any enclosed, cultivated or undeveloped land of another, other than undeveloped specified in subsection (b)(6) or (7), without the express or implied consent of the owner or occupant.

    (2)

    Enters any land of another that is occupied by a structure used for agricultural purposes without the express or implied consent of the owner or occupant.

    (3)

    Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises.

    (4)

    Enters or remains on undeveloped land that is an inholding of another after having been notified by the owner or occupant not to enter or remain on the land.

    (5)

    Enters undeveloped private land from an abutting parcel of land that is owned by the United States, this state or a local governmental unit, or remains on such land, after having been notified by the owner or occupant not to enter or remain on the land.

    (d)

    In determining whether a person has implied consent to enter the land of another a trier of fact shall consider all of the circumstances existing at the time the person entered the land, including all of the following:

    (1)

    Whether the owner or occupant acquiesced to previous entries by the person or by other persons under similar circumstances.

    (2)

    The customary use, if any, of the land by other persons.

    (3)

    Whether the owner or occupant represented to the public that the land may be entered for particular purposes.

    (4)

    The general arrangement or design of any improvements or structures on the land.

    (e)

    A person has received notice from the owner or occupant within the meaning of subsection (c)(3), (4) or (5) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection under either of the following procedures:

    (1)

    If a sign at least 11 inches square is placed in at least two conspicuous places for every 40 aces to be protected. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this paragraph were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this paragraph.

    (2)

    If markings at least one foot long, including in a contrasting color the phrase "private land' and name the owner, are made in at least two conspicuous places every 40 acres to be protected.

    (f)

    Whoever erects on the land of another signs which are the same as or similar to those described in subsection (e) without obtaining the express consent of the lawful occupant of or holder of legal title to such land is subject to a forfeiture not to exceed $500.00.

    (g)

    An owner or occupant may give express consent to enter or remain on the land for a specified purpose or subject to specified conditions and it is a violation of subsection (c)(1) or (2) for a person who received that consent to enter or remain on the land for another purpose or contrary to the specified conditions.

    (h)

    Nothing in this section shall prohibit a representative of a labor union from conferring with any employee provided such conference is conducted in the living quarters of the employee and with the consent of the employee occupants.

    (i)

    This section does not apply to any of the following:

    (1)

    A person entering the land, other than the residence or other buildings or the curtilage of the residence or other buildings, of another for the purpose of removing a wild animal as authorized under Wis. Stats. § 29.885(2), (3) or (4).

    (2)

    A hunter entering land that is required to be open for hunting under Wis. Stats. § 29.885(4m) or 29.889(7m).

    (3)

    A person entering or remaining on any exposed shore area of a stream as authorized under Wis. Stats. § 30.134.

    (j)

    Any authorized occupant of employer-provided housing shall have the right to decide who may enter, confer and visit with the occupant in the housing area the occupant occupies.

(Ord. of 7-2-85, § 1.02; Res. No. 89-02, 10-22-02)

State law reference

Similar provisions, Wis. Stats. § 943.13.