A public easement is an easement that gives all people (the public) the right to use and enjoy a tract of property such as a street, sidewalk, park, or beach.
In Wisconsin, a public easement is a legal right that allows the public to use certain property for specific purposes, such as streets, sidewalks, parks, or beaches. These easements are typically created by a dedication by the property owner or through governmental authority. For instance, when a developer creates a new subdivision, they may dedicate certain areas as public easements for roads and sidewalks as part of the development process. Additionally, Wisconsin law recognizes the public trust doctrine, which holds that certain natural resources, like the waters of the Great Lakes and navigable waters within the state, are held in trust by the state for the benefit of all the people, and public rights such as fishing, swimming, and navigation must be protected. Public easements are maintained by the relevant governmental entity, such as a city or county, and cannot be obstructed or closed off by private parties without proper authorization. Violations of public easement rights can be addressed through legal action, and the state or local government may enforce the easement to ensure public access.