893.51 Action for wrongful taking of personal property. - Wisconsin Statutes

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Statutes > Wisconsin > 893 > 893.51

893.51

SUBCHAPTER V
TORT ACTIONS
893.51 Action for wrongful taking of personal property.

893.51(1)

(1) Except as provided in sub. (2), an action to recover damages for the wrongful taking, conversion or detention of personal property shall be commenced within 6 years after the cause of action accrues or be barred. The cause of action accrues at the time the wrongful taking or conversion occurs, or the wrongful detention begins.

893.51(2)

(2) An action under s. 134.90 shall be commenced within 3 years after the misappropriation of a trade secret is discovered or should have been discovered by the exercise of reasonable diligence. A continuing misappropriation constitutes a single claim.

893.51 - ANNOT.

History: 1979 c. 323; 1985 a. 236.

893.51 - ANNOT.

Judicial Council Committee's Note, 1979: This section is based on previous s. 893.19 (6), without change in substance, but with some expansion of language to make clear that accrual of the cause of action is not delayed until the person bringing the action learns of the wrongful taking or detention. An action for recovery of the personal property is subject to s. 893.35 which is also based on previous s. 893.19 (6). [Bill 326-A]

893.51 - ANNOT.

An action for inverse condemnation resulting from the removal of groundwater from a property was not an action for taking of personal property. Groundwater is more akin to real property than it is to personal property, especially because ch. 32 defines "property" as an all-encompassing term that includes estates in lands, fixtures, and personal property directly connected with lands. The court correctly proceeded under s. 893.52. E-L Enterprises, Inc. v. Milwaukee Metropolitan Sewerage District, 2009 WI App 15, 316 Wis. 2d 280, 763 N.W.2d 231, 08-0921.

State Codes and Statutes

Statutes > Wisconsin > 893 > 893.51

893.51

SUBCHAPTER V
TORT ACTIONS
893.51 Action for wrongful taking of personal property.

893.51(1)

(1) Except as provided in sub. (2), an action to recover damages for the wrongful taking, conversion or detention of personal property shall be commenced within 6 years after the cause of action accrues or be barred. The cause of action accrues at the time the wrongful taking or conversion occurs, or the wrongful detention begins.

893.51(2)

(2) An action under s. 134.90 shall be commenced within 3 years after the misappropriation of a trade secret is discovered or should have been discovered by the exercise of reasonable diligence. A continuing misappropriation constitutes a single claim.

893.51 - ANNOT.

History: 1979 c. 323; 1985 a. 236.

893.51 - ANNOT.

Judicial Council Committee's Note, 1979: This section is based on previous s. 893.19 (6), without change in substance, but with some expansion of language to make clear that accrual of the cause of action is not delayed until the person bringing the action learns of the wrongful taking or detention. An action for recovery of the personal property is subject to s. 893.35 which is also based on previous s. 893.19 (6). [Bill 326-A]

893.51 - ANNOT.

An action for inverse condemnation resulting from the removal of groundwater from a property was not an action for taking of personal property. Groundwater is more akin to real property than it is to personal property, especially because ch. 32 defines "property" as an all-encompassing term that includes estates in lands, fixtures, and personal property directly connected with lands. The court correctly proceeded under s. 893.52. E-L Enterprises, Inc. v. Milwaukee Metropolitan Sewerage District, 2009 WI App 15, 316 Wis. 2d 280, 763 N.W.2d 231, 08-0921.

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State Codes and Statutes

Statutes > Wisconsin > 893 > 893.51

893.51

SUBCHAPTER V
TORT ACTIONS
893.51 Action for wrongful taking of personal property.

893.51(1)

(1) Except as provided in sub. (2), an action to recover damages for the wrongful taking, conversion or detention of personal property shall be commenced within 6 years after the cause of action accrues or be barred. The cause of action accrues at the time the wrongful taking or conversion occurs, or the wrongful detention begins.

893.51(2)

(2) An action under s. 134.90 shall be commenced within 3 years after the misappropriation of a trade secret is discovered or should have been discovered by the exercise of reasonable diligence. A continuing misappropriation constitutes a single claim.

893.51 - ANNOT.

History: 1979 c. 323; 1985 a. 236.

893.51 - ANNOT.

Judicial Council Committee's Note, 1979: This section is based on previous s. 893.19 (6), without change in substance, but with some expansion of language to make clear that accrual of the cause of action is not delayed until the person bringing the action learns of the wrongful taking or detention. An action for recovery of the personal property is subject to s. 893.35 which is also based on previous s. 893.19 (6). [Bill 326-A]

893.51 - ANNOT.

An action for inverse condemnation resulting from the removal of groundwater from a property was not an action for taking of personal property. Groundwater is more akin to real property than it is to personal property, especially because ch. 32 defines "property" as an all-encompassing term that includes estates in lands, fixtures, and personal property directly connected with lands. The court correctly proceeded under s. 893.52. E-L Enterprises, Inc. v. Milwaukee Metropolitan Sewerage District, 2009 WI App 15, 316 Wis. 2d 280, 763 N.W.2d 231, 08-0921.