A settler on the public lands of the United States, under the laws thereof may maintain an action to recover possession of the lands settled upon or claimed, or an action for injury to, or interference with such lands. Such action may not be brought unless the land claimed is staked or otherwise marked out so that its boundaries can be readily traced and the extent of the claim known and unless the plaintiff occupies the land or has made improvements thereon to the value of $50. An action under this section, may not be brought if the land claimed exceeds 160 acres, located in one body or in different parcels, or if for 6 months next preceding the commencement of the action the plaintiff has not occupied or has neglected to cultivate the land claimed.
847.01.Action by settler on public lands.
Ch. 847: Miscellaneous Real Estate Actions · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 847.01 lets a settler on United States public lands sue to recover possession, or for injury to or interference with the land, but only if the claim is staked out, backed by occupancy or at least $50 in improvements, kept under 160 acres, and actively occupied or cultivated.
Full Text of Section 847.01
Plain-English Summary
Section 847.01 gives a settler on federal public lands a way into Wisconsin’s circuit courts. Under the laws governing public lands, a settler can sue to recover possession of land they settled on or claimed, or to recover for injury to, or interference with, that land. Before that action can be brought, the claimed land has to be staked or otherwise marked out clearly enough that its boundaries can be readily traced and the extent of the claim is known, and the settler has to occupy the land or have put at least $50 worth of improvements into it.
The section also caps the action. It cannot be brought if the claimed land, in one body or in several parcels, exceeds 160 acres, or if, for the 6 months before the action was started, the settler has not occupied the land or has neglected to cultivate it.
Frequently Asked Questions
Can a settler sue over public land they have claimed but do not own outright?
Yes, Section 847.01 lets a settler on United States public lands sue to recover possession, or for injury to or interference with the land they settled on or claimed.
What has to be done to the land before this kind of action can be filed?
It has to be staked or otherwise marked out so its boundaries can be readily traced and the extent of the claim is known.
Is there a minimum investment required in the land to bring this action?
Yes, the settler has to occupy the land, or have made improvements on it worth at least $50.
Is there a size limit on the land a settler can claim under this section?
Yes, the action cannot be brought if the claimed land exceeds 160 acres, whether located in one body or in different parcels.
What happens if the settler stops occupying or cultivating the land before filing suit?
The action is barred if, for the 6 months right before it is started, the settler has not occupied the land or has neglected to cultivate it.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975).
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: wisconsin settler public land lawsuit847.01 wisconsin statutepublic land claim possession wisconsin160 acre land claim wisconsin