Wisconsin 2021-2022 Regular Session Status: Enacted 1 R cosponsors

SB 682 — Relating to: creating an exception to the 40-year recording requirement for recorded access easements.

Last action — Published 3-12-2022

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 11, 2021. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

50 added · 18 removed

Plain-language change summary

The amendments to Bill SB 682 clarify the conditions under which a recorded access easement can be exempt from the 40-year recording requirement. Previously, the bill allowed exceptions without specific criteria, but now it specifies that the easement must be recorded on or after January 1, 1960, or have clear evidence of use if recorded earlier. Additionally, the amendment ensures that if there is any legal resolution regarding the easement, the new rules won’t apply. These changes are important because they provide clearer guidelines for property owners and help prevent disputes over access rights that could arise due to outdated recordings.

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Latest
- 2022 LEGISLATURE LRBa1245/1 KRP:cdc SENATE AMENDMENT 1, TO SENATE BILL 682 February 7, 2022 - Offered by SenatACQUE.
- 2022 LEGISLATURE LRB-3677/1 KRP:cjs&wlj SENATE BILL 682 November 11, 2021 - Introduced by Senators J ACQUE, STROEBEL and BALLWEG , cosponsored by Representatives M URPHY , ALLEN, H ORLACHER, M OSES and R AMTHUN .
At the locations indicated, amend the bill as follows:
Referred to Committee on Housing, Commerce and Trade.
1.
A N A CT to renumber and amend 893.33 (6m);
Page 1, line 3:
and to create 893.33 (6m) (b) of the statutes;
delete “for recorded" and substitute “for certain recorded".
relating to:
2.
creating an exception to the 40-year recording requirement for recorded access easements.
Page 2, line 9:
Analysis by the Legislative Reference Bureau Current law generally bars actions affecting title to real estate that are based on instruments executed or recorded more than 30 years prior to the commencement of the action unless an instrument expressly referring to the existence of the claim or defense has been recorded in the office of the register of deeds of the county where the real estate is located within 30 years after the execution or recording of the original instrument and within each successive 30-year period thereafter.
delete that line and substitute “purpose if any of the following applies:
Under current law, the recording requirement for recorded easements and covenants restricting the use of real estate is 40 years, rather than 30 years.
1.
Current law provides a number of exceptions to these limitation periods.
The instrument is recorded on or after January 1, 1960.
For example, the recording requirement does not apply to a conservation easement or to any interest in real estate owned by a railroad corporation, public service corporation, or the state.
2.
This bill creates an additional exception to the recording requirement for an easement that is set forth in a recorded instrument and that allows a person to travel across another's land to reach a location or for another specified purpose (access easement).
A notice or an instrument expressly referring to the easement is recorded on or after January 1, 1960.
In other words, under the bill, an action to enforce an access easement - 2022 Legislature - 2 - LRB-3677/1 KRP:cjs&wlj SENATE BILL 682 is not barred based on the failure to record the access easement within a certain period of time.
3.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
The instrument or instruments expressly referring to the easement were recorded before January 1, 1960, and it is apparent from or can be proved from physical evidence of its use.”.
SECTION 1.
3.
893.33 (6m) of the statutes is renumbered 893.33 (6m) (intro.) and amended to read:
Page 2, line 13:
893.33 (6m) (intro.) This section does not apply to any interest in a any of the following:
after “this subsection" insert “unless a final judgment has been entered resolving the action, defense, or counterclaim".
(a) A conservation easement under s.
700.40.
SECTION 2.
893.33 (6m) (b) of the statutes is created to read:
893.33 (6m) (b) An easement set forth in a recorded instrument that allows a person to travel across another's land to reach a location or for another specified purpose.
SECTION 3.Initial applicability.
(1) This act first applies retroactively to an action commenced or defense or counterclaim asserted before, and first applies to an action commenced or defense or counterclaim asserted on or after, the effective date of this subsection.
(2) This act first applies to an easement set forth in a recorded instrument that is entered into before, on, or after the effective date of this subsection unless the instrument contains provisions inconsistent with that treatment.
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Action History

  1. Published 3-12-2022

  2. Report approved by the Governor on 3-11-2022. 2021 Wisconsin Act 174

  3. Presented to the Governor on 3-10-2022

  4. Report correctly enrolled

  5. Representative Spreitzer added as a cosponsor

  6. Received from Assembly concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in

  9. Rules suspended

  10. Ordered to a third reading

  11. Read a second time

  12. Made a special order of business at 8:42 AM on 2-23-2022 pursuant to Assembly Resolution 29

  13. Read first time and referred to committee on Rules

  14. Received from Senate

  15. Ordered immediately messaged

  16. Read a third time and passed

  17. Rules suspended

  18. Ordered to a third reading

  19. Senate Amendment 2 adopted

  20. Senate Amendment 1 withdrawn and returned to author

  21. Read a second time

  22. Senate Amendment 2 offered by Senator Jacque

  23. Placed on calendar 2-15-2022 pursuant to Senate Rule 18(1)

  24. Senator Stafsholt added as a coauthor

  25. Available for scheduling

  26. Report passage as amended recommended by Committee on Housing, Commerce and Trade, Ayes 5, Noes 0

  27. Report adoption of Senate Amendment 1 recommended by Committee on Housing, Commerce and Trade, Ayes 5, Noes 0

  28. Executive action taken

  29. Senate Amendment 1 offered by Senator Jacque

  30. Public hearing held

  31. Representative Skowronski added as a cosponsor

  32. Read first time and referred to Committee on Housing, Commerce and Trade

  33. Introduced by Senators Jacque, Stroebel and Ballweg; cosponsored by Representatives Murphy, Allen, Horlacher, Moses and Ramthun

Sponsors

  • Ballweg · Primary
  • Stroebel · Primary
  • André Jacque · Primary

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 129 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (129)

129 members have not signed on to this bill.

Show all 129 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Subjects

housing
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Frequently asked questions

Who sponsors SB 682?
SB 682 is sponsored by Ballweg, Stroebel, and Jacque, André (Republican).
What is the current status of SB 682?
This bill has been enacted into law. Introduced November 11, 2021. Enacted.
Where can I track SB 682?
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