Pam and Rod Olson lost 0.18 acres in August when a judge awarded ownership of the land to Mark and Ellen Thorn under the state’s adverse possession law.
That statute states anyone who uses a property for at least 20 years can claim ownership, even if it had belonged to someone else.
Trempealeau County Circuit Judge John Damon ruled that under the statute, the Thorns became owners of the disputed property six years ago. He also ordered the Olsons pay the Thorns $27,500 for legal and other costs.
A Sept. 29 hearing on a contempt claim by the Thorns found the Olsons had not complied with the judge’s order to remove a fence and “no trespassing” signs on the property.
The hearing also ordered the Olsons to remove a sign on their property that states: “Know adverse possession? Know your rights. The court belongs to the people, not the lawyers and judges. It’s time to assert your possession.”
Similar signs have popped up in as many as 20 yards in the area, which Damon also ordered be removed.
Ellen Thorn, an attorney with La Crosse County, said the signs violate a court order that the Olsons can’t contact potential buyers of the property.
“And when she puts signs up and down the road, it serves no attempt but to do that,” Thorn said.
According to Friday’s hearing, if the fence and all signs within two miles of the Thorns’ property are not removed within two weeks, the Olsons could be arrested and jailed for up to six months.
Pam Olson said their attorney had filed a stay with the judge to let the fence remain while they appeal the case.
The fence and its surrounding “no trespassing” signs also cannot be reached without crossing either the Thorns’ or a neighboring property, Pam Olson said, and the neighbors recently withdrew permission until the matter is settled.
And she has no control of what is done with the signs on other people’s properties, she said.
“Already I’ve talked to several people, and they’ve said, ‘That’s my sign, and you’re telling me now I need to take it down?’” Olson said, adding that four people already have refused.
But Ellen Thorn said the Olsons have disregarded every part of the judge’s order.
“Just because it’s a civil action, it doesn’t mean you get to ignore what the court has told you to do,” she said.
Pam Olson said she and her husband have considered just letting “what happens happen” and risk the jail sentence, but they can’t afford to lose the time away from their farm and her job.
“So we’ve vowed to comply with the order as best as we can, and cite it after the fact,” Pam Olson said. “But it’s a huge (First Amendment) violation.”
Emily Wilson is the assistant editor of the Coulee News in West Salem.


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