AB970: Bill Text

Note: Shortens sentences and replaces language for greater readability and conformity with current style.

AB970, s. 18 Section 18. 75.54 (2) of the statutes is renumbered 75.54 (2) (a) (intro.) and amended to read:

AB970,14,4 75.54 (2) (a) (intro.) Upon the completion of the review by said the board of review under sub. (1), the clerk of the town, village or city in which the reassessed district is situated shall extend upon such the assessment roll the taxes lawfully levied upon and apportioned to the property described therein in the tax roll for such the year, and such in question. The tax roll and the tax so extended thereon shall be on the tax roll under this section are a public record and be are prima facie evidence in any legal proceeding of all of the following:

AB970,14,8 1. The amount of tax justly chargeable against the party seeking to set aside or avoid the original assessment, tax or tax proceeding and the amount of tax upon the lot or lots, tract or tracts of land all lands respecting which the said action is was brought, and shall also be prima facie evidence of the .

AB970,14,12 2. The amount of tax justly chargeable against any and every other person or corporation and every other lot, parcel or tract of land and all other lands included in such the tax roll for such the year in any legal proceeding that may arise respecting the same. Such in question.

AB970,14,17 (b) The reassessment and tax roll as corrected under this section shall be completed and filed with the clerk of the municipality constituting such assessment taxation district or in which such district is located within ninety 90 days from the date of the entry of such the order for reassessment unless the court upon motion and cause shown shall extend extends the time therefor.

Note: Subdivides provision, replaces word form of numbers with digits and replaces language for greater readability and conformity with current style.

AB970, s. 19 Section 19. 75.54 (3) of the statutes is renumbered 75.54 (3) (a) and amended to read:

AB970,15,3 75.54 (3) (a) Upon such completion and filing of the tax roll under sub. (2), notice thereof of the reassessment shall be given by such the clerk of the taxation district to the clerk of the court in which such the action challenging the tax is pending; and such last-mentioned. The clerk of court shall thereupon give notice thereof of the reassessment to the attorneys for the parties to such the action and to the attorneys in all other actions pending in which the validity of such the original assessment may be involved.

AB970,15,12 (b) If any party to an action seeking to set aside or avoid the original assessment, tax or tax proceeding shall desire desires to contest the validity of such a reassessment made under this section, that party shall, within twenty 20 days after notice of the completion and filing of such the reassessment and tax roll, file written objections to the reassessment or tax roll with the clerk of the court where such the action is pending objections in writing to such reassessment or tax roll, and serve a copy of which those objections shall within five days after such filing, be served upon the attorney for the opposite opposing party and thereupon within 5 days after filing.

AB970,15,17 (c) Upon the filing and service of the written objections under par. (b), the court may direct an that the issue to be made up involving raised by the objections aforesaid, which shall be tried summarily by the court, which shall make an order sustaining or overruling such the objections. If by such order such the objections are sustained, the court shall do one of the following:

AB970,15,22 1. Hold the reassessment or tax roll shall to be held invalid and order subsequent reassessments of such the tax may be had in the manner and form as hereinbefore provided and similar proceedings may be resorted to determine the validity of any such reassessment; or the court in its discretion may upon sustaining objections made to any reassessment, determine in this section.

AB970,16,2 2. Determine and fix the amount of tax which ought justly to be paid by the party or parties contesting such the original assessment, tax or tax proceeding, and, for that purpose, with or without directing a further issue to be made up, the court may proceed to take such any further evidence as may be that is necessary to make such determination determine the tax.

Note: Subdivides provision, replaces word form of numbers with digits and replaces and reorders language for greater readability and conformity with current style "In its discretion" is removed because the (intro.) says "may". Challenges to all reassessments are now specifically provided for in sub. (2) (b).

AB970, s. 20 Section 20. 75.54 (4) of the statutes is renumbered 75.54 (4) (a) and amended to read:

AB970,16,18 75.54 (4) (a) If such under sub. (3) the reassessment and tax roll be are held by the court to be regular and valid or if no objections thereto shall be to the reassessment and tax roll are filed, the court shall make an order requiring the party or parties contesting the original assessment, tax or tax proceeding to pay into court, for the use and benefit of the party entitled thereto, the amount which that by such the reassessment the contesting party or parties justly ought to pay. If the amount of tax imposed upon the property of such the contesting party by such valid the reassessment, or by the subsequent determination and order of the court, shall equal or exceed equals or exceeds the amount imposed thereon on the property by the original assessment and tax roll, the party or parties contesting the validity of such the assessment shall be adjudged to pay the costs of such the suit; otherwise. Otherwise, upon complying with the order of the court last aforesaid, the contesting party or parties shall be are entitled to judgment with costs; provided, however, that no.

AB970,16,22 (b) No judgment rendered in any such action shall in any way affect under this section affects the validity of any tax against any other person other than the parties to such the action or any tract or parcel of land or other affects property than that is not described in the complaint therein in the action.

Note: Subdivides provision, deletes surplusage and replaces language for greater readability and conformity with current style.

AB970, s. 21 Section 21. 75.54 (5) of the statutes is amended to read:

AB970,17,19 75.54 (5) The value of the reassessed property shall be fixed, as nearly as may be, as of the day the original assessment was made, and the rules for determining the same shall be those provided by law. A like stay of proceedings and reassessment in accordance with sub. (1) shall be ordered in all cases in which a tax which that has been reassessed by any county, town or village board, or common council for one or more years shall be is adjudged uncollectible or void for any reason affecting the groundwork of the tax so as to require a reassessment in order to determine the amount properly due. When such If the reassessed tax shall have has been levied in different years it shall is not be necessary to make separate assessment rolls for each year; but the. The valuations for each year respectively, may be placed opposite the description of the property on the assessment roll in columns headed with the figures of the year, so that the valuations for each year of reassessments shall be kept are distinct from the valuations for other years entered upon the tax roll. All of the provisions of this section shall apply to the making and completion of, and to objections and further proceedings in respect to such , an assessment, and the same under this subsection. An assessment under this subsection shall be treated with respect to each year which that it purports to embrace as if it were a separate reassessment roll for that year.

AB970,17,21 (5r) This section shall apply applies to all actions whether determined upon default or otherwise.

Note: Divides and reorders unrelated material into separate subsections and shortens sentences, replaces language and deletes surplusage for greater readability and conformity with current style. See also the next section of this bill.

AB970, s. 22 Section 22. 75.54 (5g) of the statutes is created to read:

AB970,18,3 75.54 (5g) The value of property reassessed under this section shall be fixed, as nearly as possible, as of the day as of which the original assessment was made, and the rules for determining the value of the property are those provided by law.

Note: See the note to the previous section of this bill.

AB970, s. 23 Section 23. 75.54 (6) of the statutes is amended to read:

AB970,18,10 75.54 (6) If however, in any such In any action now pending or which may be begun hereafter under this section in which the evidence enables the court to determine, with reasonable certainty, the amount of taxes which that were justly chargeable against the lands involved in the action, the court, in its discretion, may proceed to judgment without staying proceedings or ordering a reassessment, if it finds that it is for the best interests of all parties to the action that it should do so.

Note: Deletes obsolete transition language.

AB970, s. 24 Section 24. 75.63 (1) of the statutes is renumbered 75.63 (1) (a) (intro.) and amended to read:

AB970,18,18 75.63 (1) (a) (intro.) No action shall may be commenced, maintained or prosecuted by or on behalf of the original owner or any person claiming title through or under such the original owner to recover possession of or in any way involving the title to any lands conveyed to the this state of Wisconsin by any county, or attempted to be so conveyed, and sold by said this state to any person until all of the following have been paid into the treasury of the county where the lands are located:

AB970,18,20 1. All taxes levied and assessed thereon on the lands from the date of the sale thereof of the lands by the state , together with all.

AB970,19,3 2. All legal charges for assessing and collecting the same taxes described in subd. 1, and interest thereon at the rate of eight per centum 8% per year from the fifteenth day of January 15 in each and every year during which the said the lands were assessed, commencing with the January following the first assessment after such the sale, shall have been paid into the treasury of the county in which such lands shall lie; nor until all.

AB970,19,8 3. All delinquent taxes levied upon and returned against said the lands and remaining that were unpaid when the same lands were so conveyed or attempted to be conveyed to the state, together with the like interest thereon, shall have been paid into such county treasury; which on those delinquent taxes at the rate and in the manner described in subd. 2.

AB970,19,17 (b) All money paid into a county treasury under par. (a) shall be retained in said the treasury to abide the event of such pending the conclusion of the action and described in par. (a) (intro.). The money shall be returned to the party paying or depositing the same money if the party fails to maintain such the action; otherwise, so much thereof as covers. If the action is maintained, an amount equal to the delinquent taxes above mentioned and interest thereon at the rate aforesaid described in par. (a) shall be retained by such the county and the. The remainder shall be paid over to the person purchasing the same lands from the state or the that person's legal representatives.

Note: Subdivides provision, shortens sentences, replaces word form of numbers with digits and replaces language for greater readability and conformity with current style.

AB970, s. 25 Section 25. 77.12 of the statutes is amended to read:

AB970,20,2 77.12 Review of findings, venue. Any finding of fact made under this subchapter after due notice and hearing shall be is final and conclusive, except and unless it is set aside or modified by the judgment of the circuit court for either Dane county, or of the county in which the land lies in either of which. Any person may bring an action may be brought for that purpose, in either of those courts within thirty 30 days after the making of the finding sought to be reviewed.

Note: Replaces word form of number with digits in conformity with current style.

AB970, s. 26 Section 26. 83.07 (1a) of the statutes is amended to read:

AB970,20,11 83.07 (1a) The county highway committee or town board may purchase or accept donation donations of remnants of tracts or parcels of land remaining at the time or after it has acquired portions of such the tracts or parcels by purchase or condemnation where in the judgment of such the county highway committee or town board such action the acquisition of the remnant would assist in rendering just compensation to a land owner landowner, a part of whose lands have been taken for highway purposes, and would serve to minimize the overall cost of such the taking by the public.

Note: Corrects spelling, replaces disfavored term and replaces nonspecific reference.

AB970, s. 27 Section 27. 83.08 (1) of the statutes is renumbered 83.08 (1) (a) and amended to read:

AB970,21,2 83.08 (1) (a) The county highway committee may acquire by gift, devise, purchase or condemnation any lands or interests therein in lands for the proper improvement, maintenance, relocation or change of any county aid or other highway or street or any bridge thereon which on a county aid or other highway or street that the county is empowered to improve or aid in improving or to maintain. The county highway committee may purchase or accept donation donations of remnants of tracts or parcels of land remaining at the time or after it has acquired portions of such those tracts or parcels by purchase or condemnation where in the judgment of such the committee such action the acquisition of the remnant would assist in rendering just compensation to a land owner landowner, a part of whose lands have been taken for highway purposes, and would serve to minimize the overall cost of such the taking by the public.

AB970,21,12 (b) Whenever the county highway committee deems considers it necessary to acquire any such lands or interests therein in land for any such purpose described in par. (a), it shall so order and in such. The order or on a separate map or plat shall show the old and new locations and the lands or interests required , and. The committee shall file a copy of the order and map with the county clerk. The committee shall endeavor attempt to obtain easements or title in fee simple by conveyance of the lands or interests required, at a price, including damages, deemed considered reasonable by the committee. The instrument of conveyance shall name the county as grantee and shall be filed with the county clerk and recorded in the office of the register of deeds.

Note: Subdivides provision and replaces nonspecific references with specific references and other language for greater readability and conformity with current style.

AB970, s. 28 Section 28. 84.04 (1) (a) of the statutes is amended to read:

AB970,21,16 84.04 (1) (a) "Overlook" means a graded terrace, often inclosed enclosed by a masonry retaining wall, located on roadside areas where favorable topographic conditions provide an exceptional view or offscape from the road.

Note: Inserts preferred spelling.

AB970, s. 29 Section 29. 86.23 of the statutes is renumbered 86.23 (1) and amended to read:

AB970,22,2 86.23 (1) All Each swing or drawbridges drawbridge built or purchased by any city and town or by any other two 2 municipalities, and so situated so that a part thereof of the bridge is in one municipality and a part in another, shall be operated and maintained at the joint expense of the municipalities which that built or purchased them the bridge in proportion to the amount of the cost thereof of the bridge borne by each. If either such municipality shall does not provide for or pay its full share of such the expense of operating or maintaining the bridge in any year, the other may provide for or pay it, and upon paying the same the expense.

AB970,22,8 (2) A municipality that pays any portion of another municipality's share of the expenses of operating and maintaining a bridge under sub. (1) may recover of the amount of the payment from the defaulting municipality in default its share of the same, with interest from the time of payment and costs of suit ; provided, that no. No action under this subsection to recover the same shall a payment may be brought until thirty 30 days after demand of payment is made.

Note: Subdivides provision, replaces word form of numbers with digits and replaces language for greater readability and conformity with current style.

AB970, s. 30 Section 30. 90.05 (1) of the statutes is renumbered 90.05 (1) (a) (intro.) and amended to read:

AB970,22,20 90.05 (1) (a) (intro.) Every partition of the a fence or of the line upon which partition fences are to be built between adjoining owners, made by the owners thereof in writing, signed, sealed and witnessed by two witnesses, or by the fence viewers, in writing under their hands, in the cases and in the manner hereinafter provided of adjoining lands, after being recorded in the town clerk's office, shall oblige such obligates the owners, their heirs and assigns, so long as such adjoining land on each side respectively shall remain in the same ownership, and after a severance of ownership until a new partition of such fence shall be made, to build and maintain such the fence agreeably to said in accordance with the partition. But neither the, if any of the following conditions is met:

AB970,22,23 (c) An owner nor, or the owner's heirs or assigns shall be bound, are not obligated to build or maintain any part of such a partition fence during any time when none of such the adjoining lands shall be so is occupied for farming or grazing.

Note: Subdivides provision, reorders text, replaces word form of numbers with digits, replaces nonspecific references and replaces language for greater readability and conformity with current style.

AB970, s. 31 Section 31. 90.05 (1) (a) 1. and 2. and (b) of the statutes are created to read:

AB970,23,3 90.05 (1) (a) 1. The partition is made by the owners of the adjoining lands and is in writing, signed and sealed by the owners and witnessed by 2 witnesses.

AB970,23,5 2. The partition is made by fence viewers in the manner provided under this chapter and is in writing under their hands.

AB970,23,8 (b) A partition made in accordance with par. (a) shall remain in effect so long as the adjoining land on each side respectively remains in the same ownership, and after a severance of ownership until a new partition of the fence is made.

Note: New provisions are created to reposition text. See the previous section of this bill.

AB970, s. 32 Section 32. 90.06 (title) of the statutes is amended to read:

AB970,23,10 90.06 (title) Removal Relocation of fence.

AB970, s. 33 Section 33. 90.06 of the statutes is renumbered 90.06 (1) and amended to read:

AB970,23,21 90.06 (1) When any owner or occupant of land shall build builds a fence before the location of the a boundary line has been located between such that land and any land adjoining the same land and the location of such the boundary line shall establish the fact establishes that said the fence is located on such the adjoining land, the ownership thereof shall be in the person who built it the fence or that person's grantee, devisee or heirs, but such shall be the owner of the fence. The owner of the fence shall be removed relocate the fence to the boundary line within 30 days after the location thereof and the service of written notice of the location of the fence upon the person who built it or who has acquired that person's rights, owner of the fence by the owner or occupant of the land upon which the fence is situated; such located.

AB970,24,5 (2) The notice under sub. (1) shall be served personally on the fence owner or by leaving a copy thereof of the notice at the fence owner's usual place of abode of that person with some member of that person's the fence owner's family who is of suitable age and discretion who. If the notice is left with a family member, the family member shall be informed of the contents thereof; if of the notice.

AB970,24,13 (3) If the removal relocation of the fence is not made within 30 days thereafter after service of the notice under sub. (2), the party who served or caused such the notice to be served may remove relocate the fence to the boundary line and set it up there and recover the expense of so doing so from the other party; provided, that fence owner. However, no such fence that is subject to relocation under this section shall be removed relocated by the party giving the notice during a time when annual crops will be damaged unless by agreement of the owners or occupants of the adjoining lands mutually agree.

Note: Extensive changes in language were made to this section in the 1898 Annotated Statutes. A note states that the section was "amended by striking out the clause naming the county surveyor, and by extending it to include the occupant of adjoining lands". These substantive changes are retained. Other language changes by the 1898 Annotated Statutes are extensively modified to reflect the pre-1898 form, updated for greater conformity with current style.

AB970, s. 34 Section 34. 90.09 of the statutes is renumbered 90.09 (1) and amended to read:

AB970,24,22 90.09 (1) When the boundary line between enclosed lands of owned by different persons is a river, brook, pond or creek, which of itself is not a sufficient fence, and it is impracticable, without unreasonable expense, for a partition fence to be built on the true boundary line, and either owner or occupant shall refuse refuses to join in making a partition fence on either side thereof of the river, brook, pond or creek, or if they shall disagree respecting the same making a partition fence, either party may apply to two 2 or more fence viewers of the town, who, after giving notice as provided in s. 90.07, shall proceed to view such the river, brook, pond or creek; and if they shall.

AB970,25,10 (2) If the fence viewers determine that the same river, brook, pond or creek is not a sufficient fence and that it is impracticable, without unreasonable expense, to build a fence on the true boundary line they, the fence viewers shall, in writing under their hands, determine how or on which side thereof of the river, brook, pond or creek the fence shall be built or whether the fence shall be built partly on one side and partly on the other, and side. The fence viewers shall assign to each owner or occupant that owner's or occupant's share thereof of the fence and the time within which the respective parties shall build the same, and fence. The fence viewers shall file such their determination in the office of the town clerk, who shall record the same determination.

AB970,25,15 (3) If either party shall refuse or neglect refuses or neglects to build that party's part of the fence within the time so assigned by the fence viewers, the other party may, after having completed his or her own part, build such the other party's part and recover the expense thereof as hereinafter of building the other party's part of the fence as provided under s. 90.11.

AB970,25,19 (4) If said the fence viewers shall determine that it is impracticable, either from the formation of the banks of such the river, brook, pond or creek or from for any other cause reason, to maintain any fence along or near said the boundary line, they shall give written notice to the parties of such that determination.

Note: Subdivides provision, replaces word form of numbers with digits, replaces nonspecific references and replaces language for greater readability and conformity with current style.

AB970, s. 35 Section 35. 90.10 of the statutes is amended to read:

AB970,26,9 90.10 Compulsory repair of fence. In case If any person shall neglect neglects to repair or rebuild any partition fence which that by law that person ought is required to maintain, the aggrieved party may complain to two 2 or more fence viewers of the town, who, after giving notice as provided in s. 90.07, shall examine the same, and if they shall fence. If the fence viewers determine such that the fence is insufficient, they shall signify the same to inform the delinquent party of the insufficiency and direct the delinquent party to repair or rebuild the same fence within such a time as they shall deem that the fence viewers determine is reasonable. If such the fence shall not be is not repaired or rebuilt within the time so fixed by the fence viewers, the complainant may repair or rebuild the same fence and recover the expense thereof of repairing or rebuilding the fence as hereinafter provided under s. 90.11.

Note: Subdivides provision, replaces word form of numbers with digits, replaces nonspecific references and replaces language for greater readability and conformity with current style.

AB970, s. 36 Section 36. 90.11 (1) of the statutes is renumbered 90.11 (1) (a) and amended to read:

AB970,26,18 90.11 (1) (a) Whenever any owner or occupant shall have of land has built, repaired or rebuilt any fence in pursuance of the preceding sections which, pursuant to the provisions of this chapter, that the adjoining owner or occupant shall have has been lawfully directed by fence viewers to build, repair or rebuild , and have but has failed to do within the time prescribed, the owner or occupant who built, repaired or rebuilt the fence may call upon complain to any two 2 or more fence viewers of the town, who.

AB970,27,3 (b) The fence viewers complained to under par. (a) shall, after having given notice to such the defaulting adjoining owner or occupant as provided in s. 90.07, examine such the fence and ascertain the expense thereof; and if they shall of building, repairing or rebuilding the fence. If the fence viewers adjudge such the fence sufficient they shall give to such the complaining party a certificate under their hands of such their decision and of the amount of the expense of such building or, repairing, or rebuilding the fence and of the fees of the fence viewers who made such order and of their own; and thereupon such.

AB970,27,12 (c) Upon receipt of the fence viewers' certificate, the complaining party may demand the amount of such ascertained the expense determined by the fence viewers, together with such the fence viewers' fees, from such the defaulting, adjoining owner or occupant; and in case of neglect and refusal. If the adjoining owner or occupant fails to pay the same expenses and fees for one month after so demanded the complaining party has demanded payment, the amount of such expenses and fees together with interest at the rate of one per cent a 1% per month shall constitute a special charge and lien against such the adjoining owner's or occupant's lands and may be recovered in the manner provided in sub. (2).

Note: Subdivides provision, replaces word form of numbers with digits, replaces nonspecific references and replaces language for greater readability and conformity with current style.

AB970, s. 37 Section 37. 90.11 (2) of the statutes is renumbered 90.11 (2) (a) and amended to read:

AB970,27,21 90.11 (2) (a) The person to whom such certificate shall be executed and delivered complaining party may file the same certificate executed and delivered to him or her under sub. (1) (b) with the town clerk of the town in which the lands charged with such the expense and fees set forth in the certificate are located. Upon the filing of such the certificate such, the town clerk shall issue a warrant for the amount thereof of the listed expenses and fees upon the town treasurer payable to such the person to whom the certificate was executed and delivered.

AB970,28,11 (b) The amount so paid by the town treasurer under par. (a) together with interest at the rate of one per cent a 1% per month shall be included by the town clerk in the next tax roll as a special charge against such the lands and such charged with the expense and fees. The special charge shall be collected by the town treasurer with the other taxes in such the town. Any such special charge under this paragraph remaining unpaid shall be added to the list of delinquent taxes returned to the county treasurer, who. The county treasurer shall collect the same delinquent special charge or sell the land as for delinquent taxes; and all. All proceedings in relation thereto to the sale of land for a delinquent special charge shall be the same in all respects as in the case of land sold for other delinquent taxes. Every county treasurer who shall collect or receive any moneys on account of such delinquent charges under this subsection shall pay the same moneys received to the treasurer of the proper town.

Note: Subdivides provision, replaces word form of numbers with digits, and replaces language for greater readability and conformity with current style.

AB970, s. 38 Section 38. 90.13 (title) of the statutes is amended to read:

AB970,28,13 90.13 (title) Partition fence on newly-enclosed newly enclosed land.

AB970, s. 39 Section 39. 90.13 of the statutes is renumbered 90.13 (1) and amended to read: