59.73 (2) Subdividing sections. Whenever a surveyor is required to subdivide a section or smaller subdivision of land established by the United States survey, the surveyor shall proceed according to the statutes of the United States and the rules and regulations made by the secretary of the interior in conformity thereto to the federal statutes. While so engaged a surveyor and the surveyor's assistants shall not be liable as a trespasser and shall be liable only for any actual damage done to land or property.
201,395 Section 395. 59.63 of the statutes is renumbered 59.74 (1) and amended to read:
59.74 (1) Relocation and perpetuation of section corners and division lines. (a) If a majority of all the resident landowners in any section of land within this state desire to establish, relocate or perpetuate any section or other corner of any section, or in the same section a division line of the section, they may make a formal application in writing to the circuit judge for the county in which the land is situated. The circuit judge shall file the application in his or her court and shall within a reasonable time give at least 10 days' notice in writing to the owners of all adjoining lands, if those owners reside in the county where the land is situated and if not, by publication of a class 3 notice, under ch. 985, stating the day and hour when the circuit judge will consider and pass upon such application. The circuit judge shall hear all interested parties and approve or reject the application at that time. If the application is approved, the county clerk shall notify the county surveyor who shall within a reasonable time proceed to make the required survey and location. If a corner is to be perpetuated, the surveyor shall deposit in the proper place a stone or other equally durable material of the dimensions and in the manner and with the markings provided under s. 60.84 (3) (c), and shall also erect witness monuments as provided under s. 59.635 sub. (2). The surveyor shall be paid the cost of the perpetuation from the general fund of the county.
(b) All expense and cost of the publication of the notice and of said the survey and perpetuation shall be apportioned by the county clerk among the several pieces or parcels of land in said the section upon the basis of the area surveyed and,shall be included by the clerk in the next tax roll and shall be collected in the same manner as other taxes are collected.
201,396 Section 396. 59.635 (title), (1) to (5), (5m), (6) to (8), (10) and (11) of the statutes are renumbered 59.74 (2) (title) and (a) to (k) and amended to read:
59.74 (2) (title) Perpetuation of landmarks. (a) 1. No landmark, monument, corner post of the government survey or survey made by the county surveyor or survey of public record may be destroyed, removed, or covered by any material that will make the landmark, monument, or corner post inaccessible for use, without first having erected witness or reference monuments as provided in par. (b) subd. 2. for the purpose of identifying the location of the landmark and making a certified copy of the field notes of the survey setting forth all the particulars of the location of the landmark with relation to the reference or witness monuments so that its location can be determined after its destruction or removal. The certified copy of the field notes shall be filed as provided under sub. (2) (b) par. (b) 2.
2. Witness monuments shall be made of durable material of, including cement, natural stone, iron or other equally durable material, except wood. If iron pipe monuments are used, they shall be made of 2 inch or more galvanized iron pipe not less than 30 inches in length having an iron or brass cap fastened to the top and marked with a cross cut on the top of the cap where the point of measurement is taken. If witness monuments are made of cement, stone or similar material, they shall be not less than 30 inches in length nor less than 5 inches in diameter along the shortest diagonal marked on the top with a cross where the point of measurement is taken.
(b) 1. Whenever it becomes necessary to destroy, remove or cover up in such a way that will make it inaccessible for use, any landmark, monument of survey, or corner post within the meaning of this section subsection, the person including employes of governmental agencies who intend to commit such act shall serve written notice at least 30 days prior to the act upon the county surveyor of the county within which the landmark is located. Notice shall also be served upon the city, village or town municipality's engineer if the landmark is located within the corporate limits of a municipality. The notice shall include a description of the landmark, monument of survey or corner post and the reason for removing or covering it. In this subsection paragraph, removal of a landmark includes the removal of railroad track by the owner of the track. In a county having a population of less than 500,000 where there is no county surveyor, notice shall be served upon the county clerk. In a county having with a population of 500,000 or more where there is no county surveyor, notice shall be served upon the executive director of the regional planning commission which acts in the capacity of county surveyor for the county. Notwithstanding sub. (3) par. (c), upon receipt of the notice the county clerk shall appoint a registered land surveyor to perform the duties of a county surveyor under par. (b) subd. 2.
2. The county surveyor or executive director of the regional planning commission, upon receipt of notice under par. (a) subd. 1., shall within a period of not to exceed 30 working days, either personally or by a deputy, or by the city, village or town municipality's engineer make an inspection of the landmark, and, if he or she deems considers it necessary because of the public interests interest to erect witness monuments to the landmark, he or she shall erect 4 or more witness monuments or, if within a municipality, may make 2 or more offset marks at places near the landmark and where they will not be disturbed. The county surveyor shall make a survey and field notes giving a description of the landmark and the witness monuments or offset marks, stating the material and size of the witness monuments and locating the offset marks, the horizontal distance and courses in terms of the references set forth in s. 59.60 (1) (b) 59.45 (1) (a) 2. that the witness monuments bear from the landmark and, also, of each witness monument to all of the other witness monuments. The county surveyor may also make notes as to such other objects, natural or artificial, that will enable anyone to locate the position of the landmark. The county surveyor upon completing the survey shall make a certified copy of the field notes of the survey and record it as provided under s. 59.60 59.45 (1). The city, village or town municipality's engineer upon completing the survey shall record the notes in his or her office, open to the inspection of the public, and shall file a true and correct copy with the county surveyor. In a county having with a population of 500,000 or more, the certified copy of the field notes of the survey shall be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.
(c) In those counties where there are no county surveyors a petition can be made to the county board by any resident of this state requesting the board to appoint a land surveyor to act in the capacity of the county surveyor. The county board, upon receipt of this petition, shall appoint a land surveyor to act in the capacity of the county surveyor. In counties having with a population of 500,000 or more, the county board may appoint a governmental agency to act in the capacity of county surveyor.
(d) The cost of the work of perpetuating the evidence of any landmark under the scope of this section subsection shall be borne by the county or counties proportionally, in which said landmark is located.
(e) 1. Except as provided in par. (b) subd. 2., any person who removes, destroys or makes inaccessible any landmark, monument of survey, corner post of government survey, survey made by the county surveyor or survey of public record without first complying with this section subsection shall be fined not to exceed $1,000 or imprisoned in the county jail for not more than one year.
2. Any person who removes railroad track as provided in sub. (2) (a) par. (b) 1. without first complying with sub. (2) (a) par. (b) 1. shall be subject to a forfeiture not to exceed $1,000.
(f) Any person who destroys, removes or covers any landmark, monument or corner post rendering them inaccessible for use, without first complying with subs. (1) (a) and (2) (a) pars. (a) 1. and (b) 1. shall be liable in damages to the county or counties in which said the landmark is located, for the amount of any additional expense incurred by the county or counties because of such destruction, removal or covering.
(g) Every land surveyor and every officer of the department of natural resources and the district attorney shall enforce this section subsection.
(h) Any registered land surveyor employed by the department of transportation or by a county highway department, may, incident to employment as such, assume and perform the duties and act in the capacity of the county surveyor under this section subsection with respect to preservation and perpetuation of landmarks, witness monuments and corner posts upon and along state trunk, county trunk and town highways. Upon completing a survey and perpetuating landmarks and witness monuments under sub. (2) (b) par. (b) 2., a land surveyor employed by the state shall file the field notes and records in the district office or main office of the department of transportation, and a land surveyor employed by a county shall file the field notes and records in the office of the county highway commissioner, open to inspection by the public, and in either case a true and correct copy of the field notes and records shall be filed with the county surveyor. In a county having with a population of 500,000 or more where there is no county surveyor, a copy of the field notes and records shall also be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.
(i) The records of the corners of the public land survey may be established and perpetuated in the following manner: commencing on January 1, 1970, and in each calendar year thereafter, the county surveyor or a deputy may check and establish or reestablish and reference at least 5% of all corners originally established in the county by government surveyors, so that within 20 years or less all the original corners will be established or reestablished and thereafter perpetuated.
(j) The county surveyor may employ other land surveyors to assist in this work and may accept checks of references reference checks for these corners from any land surveyor.
(k) The cost of perpetuating these corners shall be paid out of the county road and bridge fund or other county fund under s. 83.11.
201,397 Section 397. 59.64 (title) of the statutes is created to read:
59.64 (title) Claims against county.
201,398 Section 398. 59.64 of the statutes is renumbered 59.75 and amended to read:
59.75 Certificates and records as evidence. The certificate and also the official record of the county surveyor when produced by the legal custodian thereof, or any of the county surveyor's deputies, when duly signed by the county surveyor in his or her official capacity, shall be admitted as evidence in any court within the state, but the same may be explained or rebutted by other evidence. If any county surveyor or any of his or her deputies are interested in any tract of land a survey of which becomes necessary, such survey may be executed by any land surveyor to be appointed by the county board.
201,399 Section 399. 59.65 of the statutes is renumbered 59.45 (3) and amended to read:
59.45 (3) Surveyor; fees. In addition to the regular fees of land surveyors that are received from the parties employing the county surveyor, the county surveyor may receive a salary from the county.
201,400 Section 400. 59.66 (title) of the statutes is created to read:
59.66 (title) Unclaimed funds.
201,401 Section 401. 59.66 of the statutes is renumbered 59.46 and amended to read:
59.46 Penalty for nonfeasance. Any county surveyor, any city, village or town engineer, or any land surveyor who fails or refuses to perform any duty required of that person by law shall be fined forfeit not less than $25 nor more than $50 for each such failure or refusal.
201,402 Section 402. 59.67 of the statutes is renumbered 59.06 and amended to read:
59.06 County property. (1) How held. County property shall be held by the clerk in the name of the county. All property, real or personal, conveyed to the county or to its inhabitants or to any person for the use of the county or its inhabitants is county property; such . Such conveyances have the same effect as if made directly to the county by name.
(2) Effect of transfer. All deeds, contracts and agreements made on behalf of the county pursuant to under the directions of the board under s. 59.07 (1) 59.52 (6), when signed and acknowledged by the clerk and the county seal is attached, are valid and binding on the county to the extent of the terms of the instrument and the right, title and interest which the county has in the property.
201,403 Section 403. 59.68 of the statutes is renumbered 59.54 (14) and amended to read:
59.54 (14) Courthouse and jail; restrictions. (a) Each A county shall provide a courthouse, fireproof offices and other necessary buildings at the county seat and keep them in good repair. Each A county shall provide a jail or enter into a cooperative agreement under s. 302.44 for the cooperative establishment and use of a jail. The jail and rehabilitation facilities as extensions of the jail need not be at the county seat and may be located outside of the county under a cooperative agreement under s. 302.44.
(b) No jail may be constructed until the construction plans and specifications are approved by the department of corrections.
(c) When the courthouse from any cause becomes unsafe, inconvenient or unfit for holding court, the board shall provide some other convenient building at the county seat for that purpose temporarily, and this building shall then be deemed considered the courthouse for the time being.
(d) The construction of any courthouse shall be in accordance with plans and specifications that are accompanied by the certificate of the circuit judge in whose circuit the building is to be erected, to the effect that after consultation with competent experts the judge is advised and believes that the courtrooms provided for will possess proper acoustical properties. The fee for this advice shall be paid by the county upon the judge's certificate.
(e) Repairs which amount substantially to a reconstruction of a courthouse shall be governed by the same restrictions that apply to new construction, so far as practicable.
(f) The personnel who are required to comply with ss. 302.41 and 302.42 shall be provided at the expense of the county expense.
(g) A county may establish extensions of the jail, which need not be at the county seat, to serve as places of temporary confinement. No person may be detained in such an extension for more than 24 consecutive hours, except that a court may order that a person subject to imprisonment under ss. s. 23.33 (13) (b) 2. or 3. or (c) or 350.11 (3) (a) 2. or 3. or (b) be imprisoned for more than 24 consecutive hours in such an extension. Jail extensions shall be subject to plans and specifications approval by the department of corrections and shall conform to other requirements imposed by law on jails, except that cells may be designed and used for multiple occupancy.
201,404 Section 404. 59.685 of the statutes is renumbered 59.54 (15) and amended to read:
59.54 (15) Annual inspection. At least once each year the county board of each county, or a committee thereof, shall visit, inspect and examine each jail maintained by such the county, as to health, cleanliness and discipline, and the keeper thereof of the jail shall lay before it the board or the committee a calendar setting forth the name, age and cause of committal of each prisoner; and if it shall appear. If it appears to the said board or committee that any of the provisions of law have been violated or neglected it, the board or the committee shall forthwith immediately give notice thereof of the violation to the district attorney of the county.
201,405 Section 405. Subchapter VII (title) of chapter 59 [precedes 59.69] of the statutes is created to read:
Chapter 59
Subchapter VII
Land use, information
and regulation,
environmental protection,
Surveys, planning and zoning
201,406 Section 406. 59.69 (title) of the statutes is renumbered 59.56 (14) (title).
201,407 Section 407. 59.69 (1) (title) of the statutes is repealed.
201,408 Section 408. 59.69 (1) (intro.), (a), (b) and (c) of the statutes are renumbered 59.56 (14) (a) 1. and 2., (b) and (c) and amended to read:
59.56 (14) (a) 1. Land Except as provided in par. (c), land upon which to hold agricultural and industrial fairs and exhibitions may be acquired by county boards a board and improvements made thereon.
2. In counties containing less than 500,000 population, the county board may annually, at the same time that other county taxes are levied, levy a tax upon the taxable property of such county.
(b) The board may grant the use of fairgrounds acquired under par. (a) 2. to agricultural and other societies of similar nature for agricultural and industrial fairs and exhibitions, and such other purposes as tend to promote the public welfare, and may receive donations of money, material or labor from any person or municipality for the improvement or purchase of such land. All improvements made on such lands by societies using them may be removed by the societies at any time within 6 months after their right to use the land terminates, unless otherwise agreed in writing between the societies and the county at the time of the making of the improvements.
(c) In counties containing more than 500,000 population, land upon which to hold agricultural and industrial fairs and exhibitions may be acquired by a board, and improvements made thereon, by donation, purchase or condemnation, but not exceeding in value $150,000, and the board may convey or donate such lands so purchased or acquired or the use thereof to the state of Wisconsin or to agricultural and industrial societies for the purpose of holding thereon agricultural and industrial fairs and exhibitions, and may receive donations of money, material or labor from any person or municipality for the improvement or purchase of such land. If at any time lands or the use thereof so conveyed or donated shall be abandoned or no longer used for the purpose for which such lands or the use thereof were so conveyed or donated, the title to such land shall revert to the county; and the commissioners of public lands, in the case of conveyances or donations to the state, are authorized and directed to execute and deliver such proper deeds of conveyance as well as revest the title to such lands in such county, and when such lands or the use thereof were conveyed or donated to an agricultural and industrial society, such proper deeds or conveyance shall be executed and delivered by such society by its proper officers. However, the state may at any time within one year after title to any such lands revests, by proper conveyance in such county, remove any structures erected thereon by or for the state subsequent to the acquisition of such lands by the state.
201,409 Section 409. 59.69 (2) (title) of the statutes is repealed.
201,410 Section 410. 59.69 (2) of the statutes is renumbered 59.56 (14) (d) and amended to read:
59.56 (14) (d) The board of any county may vote an amount which it deems considers sufficient to aid in the purchase of, or to make improvements upon the fairgrounds for any organized agricultural society, or to aid any organized agricultural society or any incorporated poultry association in any of its public exhibitions held or to be held; and any amount so voted shall be paid upon demand by the treasurer to the treasurer of such organized agricultural society, who shall keep an accurate record of the expenditure thereof by such society, and file a verified copy of such record with the clerk within one year after the receipt of such amount.
201,411 Section 411. 59.69 (3) (title) of the statutes is repealed.
201,412 Section 412. 59.69 (3) of the statutes is renumbered 59.56 (14) (e) and amended to read:
59.56 (14) (e) Whenever The board may provide for and conduct county fairs and exhibitions if a majority of the electors upon a referendum in any the county have approved thereof, the board may provide for and conduct county fairs and exhibitions so approve, in a referendum, and for such purpose may:
1. Acquire by deed or lease real estate and make improvements thereon on such real estate.
2. Appropriate funds for the adequate equipment and the proper management to properly equip, manage and control of such the fair or exhibition.
3. Adopt rules and regulations for the management and control of such the property and of such, fair or exhibition and for the appointment and salaries of persons necessary therefor.
201,413 Section 413. 59.70 of the statutes is renumbered 59.53 (16) and amended to read:
59.53 (16) Isolation hospitals. (a) In counties having a population of thirty thousand 30,000 or more the county board may erect, establish and maintain isolation hospitals or places for the care and treatment of all persons afflicted with infectious, contagious and communicable diseases, requiring isolation and quarantine under the laws of the state, who are inmates of the charitable, penal, correctional and other institutions of said county or who are required to be cared for and treated at the expense of said county. The board may also provide for the care and treatment therein of all persons so afflicted, who are required to be cared for by the various towns, cities and villages municipalities in said counties, under such terms, conditions, rules and regulations, as to apportionment of cost of erection of such buildings and places and the expense of care and treatment of such persons afflicted, as may be agreed upon between the county board and the common council of such cities and the boards of such villages and towns, and each such council or board is hereby vested with power and authority to enter into such contracts and to appropriate such funds as may be necessary to carry into execution all contracts so made.
(b) All isolation hospitals and other places, when so erected or established in counties having a county board of administration, shall be conducted under the control and management of said the board in the same manner and to the same extent as other institutions under the control of such the board, and in other counties such the isolation hospitals and other places shall be conducted under the control and management of the county board. Any resident of this state who is not indigent may be received into, treated and cared for in such an isolation hospital or other place upon such the terms and conditions and at such the rate or pay as may be established and fixed by the board having charge of such the isolation hospital or other place; provided, however, that indigent and destitute sick persons shall be cared for and have preference of admission to such hospitals and places.
201,414 Section 414. 59.71 of the statutes is renumbered 59.52 (3) and amended to read:
59.52 (3) Records where kept; public examination; rebinding; transcribing. (a) The books, records, papers and accounts of the county board shall be deposited with the respective county clerks and shall be open without any charge to the examination of all persons.
(b) When any book, public record or the record of any town, village or city, village or town plat in any county office shall, from any cause, become unfit for use in whole or in part, the county board shall order that the book, record or plat be rebound or transcribed. If the order is to rebind such book, record or plat, the rebinding must be done under the direction of the officer in charge of the book, record or plat, and in that officer's office. If the order is to transcribe such book, record or plat, the officer having charge of the same shall provide a suitable book for that purpose; and thereupon such officer shall transcribe the same in the book so provided and carefully compare the transcript with the originals, and make the same a correct copy thereof, and shall attach to the transcript a certificate over that officer's official signature that that officer has carefully compared the matter therein contained with, and that the same is a correct and literal copy of the book, record or plat from which the same was transcribed, naming such book. Such copy of book, record or plat, so certified, shall have the same effect in all respects as the original, and such original book, record or plat shall be deposited with the county treasurer and carefully preserved except in counties having a population of 500,000 or more where a book containing a tract index is rewritten or transcribed, the original book may be destroyed. The order of the county board directing the transcribing of any book, record or plat duly certified by the county clerk shall, with such certificate, be recorded in each copy of book, record or plat transcribed. The fee of the officer for such service shall be fixed by the board, not exceeding 10 cents per folio, or if such books or any part thereof consist of printed forms, not to exceed 5 cents per folio for such books or records, to be paid by the county.
201,415 Section 415. 59.715 (intro.) and (1) to (10) of the statutes are renumbered 59.52 (4) (a) (intro.) and 1. to 10., and 59.52 (4) (a) (intro.), 1. to 7., 9. and 10., as renumbered, are amended to read:
59.52 (4) (a) Destruction of obsolete county records. (intro.) Whenever necessary to gain needed vault and filing space, county or court officers and the custodian of the records of all courts of record in the state may, subject to ss. 59.716 and 59.717 pars. (b) and (c), destroy obsolete records in their custody as follows:
1. Notices of tax apportionment that are received from the secretary of state, after 3 years.
2. Copies of notices of tax apportionment that are sent to local taxing districts by the county clerk, after 3 years.
3. Records of bounty claims that are forwarded to the department of natural resources, after one year.
4. Lists of town, city and village officers of a municipality that are certified to the county clerk by the town, city and village municipal clerks, after the date of the expiration of the term listed.
5. Crop reports made that are submitted to the county clerk by the local assessors, after 3 years.
6. Illegal tax certificates that are charged back to local taxing districts, 3 years after the date of charging back the same such certificates.
7. Notices of application for the taking of tax deeds and certificates of nonoccupancy, proofs of service and tax certificates that are filed with the county clerk in connection with the taking of tax deeds, after 15 years.
9. Claims that are paid by the county, and papers supporting such claims, after 7 years.
10. Contracts, notices of taking bids, and insurance policies to which the county is a party, 7 years after the last effective day thereof.
201,416 Section 416. 59.715 (12) and (14) of the statutes are renumbered 59.52 (4) (a) 11. and 12. and amended to read:
59.52 (4) (a) 11. Reports of town treasurers that are submitted to the county clerk on dog licenses sold and records of dog licenses issued, after 3 years.
12. County The clerk's copies of all receipts that are issued by the county treasurer, 4 years or until after being competently audited, whichever date is earlier.
201,417 Section 417. 59.715 (15) to (19) and (21) to (23) of the statutes are renumbered 59.52 (4) (a) 13. to 20., and 59.52 (4) (a) 13., 15. and 17. to 20., as renumbered, are amended to read:
59.52 (4) (a) 13. Copies of notices that are given by the county clerk to the town assessors setting out lands owned by the county and lands sold by the county, after 3 years.
15. All other receipts of the county treasurer, after 7 years.
17. Oaths of office, after 7 years.
18. Case records and other record material of all public assistance that are kept as required under ch. 49, if no payments have been made for at least 3 years and if a face sheet or similar record of each case and a financial record of all payments for each aid account are preserved in accordance with rules adopted by the department of health and family services. If the department of health and family services has preserved such case records and other record material on computer disc or tape or similar device, a county may destroy the original records and record material under rules adopted by the department.
19. After 10 years marriage Marriage license applications and records and papers pertaining to the applications, including antenuptial physical examinations and test certificates, consents of parent or guardian for marriage and orders of the court waiving the waiting period, after 10 years.
20. Books in the office of the register of deeds in counties having with a population of 500,000 or more containing copies of deeds, mortgages, other miscellaneous documents and military discharges that are authorized by law to be recorded in the office if the records first shall be photographed or microphotographed and preserved in accordance with ch. 228.
201,418 Section 418. 59.716 (intro.) and (1) to (3) of the statutes are renumbered 59.52 (4) (b) (intro.) and 1. to 3., and 59.42 (4) (b) (intro.), 1. and 3., as renumbered, are amended to read:
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