Amendment ASA1-AB489

LRBs0360/1

RCT:skg:ch

1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 489

November 30, 1995 - Offered by Committee on Agriculture.

AB489-ASA1,1,6 An Act to amend 91.13 (1) and 91.13 (9); and to create 91.19 (6n) of the statutes; relating to: the requirement that an application for a farmland preservation agreement be signed by all persons holding a mortgage on the land to be covered by the agreement, notification of execution of a farmland preservation agreement and release from a farmland preservation agreement of foreclosed land.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB489-ASA1, s. 1 Section 1. 91.13 (1) of the statutes is amended to read:

AB489-ASA1,2,6 91.13 (1) Any owner of eligible farmlands who desires to have the lands covered by a farmland preservation agreement may apply to the county clerk by executing a form provided by the department. If an application is received by the county clerk on or after May 14, 1992, and it is not signed by all persons holding a recorded mortgage on the land to be covered by the agreement, the application is void and may not be processed by the county clerk. The application shall include a land survey or legal description of all eligible farmland to be covered under the agreement, a map showing significant natural features and all structures and physical improvements on the lands or an aerial photograph of all land which is an integral part of the owner's farming operation which is marked to indicate the farmland and structures to be covered by the agreement, the soil classification of the lands and such other data as the department deems reasonably necessary to determine the eligibility of the lands for coverage under the agreement.

AB489-ASA1, s. 2 Section 2. 91.13 (9) of the statutes is amended to read:

AB489-ASA1,2,15 91.13 (9) If the owner executes the farmland preservation agreement, the owner shall return it to the department for execution on behalf of the state. An agreement shall become effective on the date it is delivered or mailed to the department for execution. The department shall within 30 days of receipt record the executed agreement with the register of deeds of the county in which the land is situated and notify the applicant, the local governing body having jurisdiction, all reviewing agencies, all persons holding a recorded mortgage on the land covered by the agreement and the department of revenue.

AB489-ASA1, s. 3 Section 3. 91.19 (6n) of the statutes is created to read:

AB489-ASA1,2,19 91.19 (6n) The department shall release from a farmland preservation agreement any land whose ownership changes as a result of foreclosure of a mortgage.

AB489-ASA1,2,20 (End)