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823.114.Judgment and order of sale of property.

Ch. 823: Nuisances · Last amended 2001 · Last verified July 15, 2026

In one sentenceSection 823.114 requires an abatement order entered as part of the judgment once a drug or gang house nuisance under s. 823.113 is established, directing removal and sale of personal property used in the nuisance and closure or sale of the building, with contempt penalties for violating a closure order.

Full Text of Section 823.114

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(1) If the existence of the nuisance is established in an action under s. 823.113, an order of abatement shall be entered as part of the judgment in the case. In that order, the court shall do all of the following:
(a) Direct the removal from the building or structure of all furniture, equipment and other personal property used in the nuisance.
(b) Order the sale of the personal property.
(c) Order the closure of the building or structure for any purpose.
(d) Order the closure of the building or structure until all building code violations are corrected and a new certificate of occupancy is issued if required by the city, town or village within which the property is located and the building or structure is released under s. 823.15 or sold under s. 823.115.
(e) Order the sale of the building or structure and the land upon that it is located or, if the requirements under s. 66.0413 (1) (c) are met, order that the building or structure be razed, the land sold, and the expense of the razing collected under s. 823.06.
(2) Any person breaking and entering or using a building or structure ordered closed under sub. (1) shall be punished for contempt under s. 823.12.

Plain-English Summary

Once a drug or gang house nuisance is established in an action under s. 823.113, Section 823.114 tells the court what the judgment must include. It requires an order of abatement covering several steps: directing removal from the building or structure of all furniture, equipment, and other personal property used in the nuisance, ordering that personal property sold, ordering the building or structure closed for any purpose, and ordering it closed until building code violations are corrected and, if the local municipality requires one, a new certificate of occupancy is issued and the property is released under s. 823.15 or sold under s. 823.115.

The final piece of the abatement order addresses the real estate itself. The court orders the sale of the building or structure and the land it sits on, or, if the conditions in s. 66.0413 (1) (c) are met, orders the building or structure razed, the land sold, and the razing expense collected the way s. 823.06 provides for collecting abatement expenses generally.

Section 823.114 backs up the closure order with a criminal-style consequence. Anyone who breaks into or uses a building or structure that has been ordered closed under this section faces punishment for contempt under s. 823.12.

Frequently Asked Questions

What does the court have to order once a drug house nuisance is proven under s. 823.113?

Section 823.114 requires an abatement order as part of the judgment, covering removal and sale of personal property used in the nuisance, closure of the building, and sale of the building and land, or razing and sale of the land under certain conditions.

Can the building be closed even after the nuisance itself is fixed?

Yes, in part. The court can order closure until building code violations are corrected and, if required by the municipality, a new certificate of occupancy is issued and the property is released or sold.

What happens to furniture and equipment found in the nuisance property?

Section 823.114 requires an order directing their removal from the building or structure and an order for their sale.

Can the court order the building torn down instead of sold?

Yes, if the requirements under s. 66.0413 (1) (c) are met, in which case the court can order the building or structure razed, the land sold, and the razing expense collected under s. 823.06.

What happens if someone breaks into a building the court ordered closed?

Section 823.114 subjects that person to punishment for contempt under s. 823.12.

Amendment History

History: 1989 a. 122; 1993 a. 213; 2001 a. 30.

Source & verification. Section text and official notes are reproduced verbatim from the Wisconsin Statutes, published by the Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026. · Official source
Also known as: abatement order drug house wisconsinclosing and selling a nuisance property wisconsinrazing a nuisance building wisconsincontempt for entering closed nuisance property