813.34.Time of taking effect and not retroactive.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1975 · Last verified July 15, 2026
Full Text of Section 813.34
Plain-English Summary
Section 813.34 fixes the boundary for Wisconsin’s absentee property provisions. Sections 813.22 to 813.34 are not retroactive, and they took effect on July 1, 1942. That means the act reaches absences and the property questions they raise going forward from that date, rather than reopening situations already settled under prior law before the act existed.
The effective-date rule is now mostly of historical interest, since any absence the act might have needed to reach at its outset is long past. But it remains the fixed starting point for the act as a whole, and it explains why courts applying sections 813.22 through 813.33 do not look to how absences or property questions arising before mid-1942 were once handled.
Frequently Asked Questions
When did the absentee property act take effect in Wisconsin?
July 1, 1942, as stated in section 813.34.
Does this act apply to disappearances that happened before July 1, 1942?
No. Section 813.34 states that the provisions are not retroactive.
What does “not retroactive” mean for this act?
It means sections 813.22 to 813.34 govern only from their effective date forward, and do not reach back to reopen absences or property situations that predate July 1, 1942.
Why would the effective date still matter today?
It remains the fixed starting point that defines the act’s reach, even though any absence the act needed to address at its outset is long past.
Which sections does this effective-date provision apply to?
Sections 813.22 to 813.34, the full set of absentee property provisions.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.34.