Wisconsin Assembly Bill AB621

Wisconsin 2023-2024 Regular Session

• Introduced: 11/8/23
• Refer: 11/8/23
• Report Pass: 1/30/24
• Refer: 1/30/24
• Engrossed: 2/22/24
• Refer: 2/26/24
• Failed: 4/15/24

Caption

Temporary limited easements for construction crane booms that pass over adjacent real property.

Impact

The impact of AB621 on state laws involves the establishment of a clear legal basis for property owners engaged in construction to utilize the airspace over adjacent properties without the immediate need for consent from neighbors, as long as it does not disrupt their property use. This legislative move is intended to facilitate smoother construction operations, particularly in densely populated areas where buildings are close together. Consequently, it aims to reduce potential conflicts and litigation arising from construction activities.

Summary

Assembly Bill 621 introduces temporary limited easements for construction crane booms that pass over adjacent real property. It allows property owners conducting construction activities to have a temporary easement to move crane booms over neighboring properties at an altitude that does not interfere with their existing use. This bill seeks to clarify the legal framework around the use of cranes during construction, which can often lead to disputes between neighboring property owners regarding the rights to access airspace above their land.

Contention

Despite the apparent benefits, the bill could spark contention among property owners who may feel their rights are being infringed upon regarding control over their property and airspace. Critics of the bill may argue that the lack of neighborly consent could lead to adverse effects on adjacent properties, especially in terms of safety and potential property damage. The dynamics between construction companies and local residents could become strained if the temporary easements allow for actions that are perceived as intrusive or dangerous.