1995 Wisconsin Act 201

(j) All fees under this section subsection shall be payable in advance by the party procuring the services of the register of deeds, except that the fees for the services performed for a state department, board or commission shall be invoiced monthly to such department, board or commission.

201,383 Section 383 . 59.57 (12a) (a) of the statutes, as affected by 1995 Wisconsin Act 110, section 2, is renumbered 59.43 (2) (a) 1. and amended to read:

59.43 (2) (a) 1. In this section subsection, “page" means one side of a single sheet of paper.

201,384 Section 384 . 59.57 (12a) (b) of the statutes is renumbered 59.43 (2) (a) 2. and amended to read:

59.43 (2) (a) 2. Any instrument that is submitted for recording shall contain a blank space at least 2.5 inches by 2.5 inches in size for use by the register of deeds. If the space is not provided, the register of deeds may add a page for his or her use and charge for the page a fee that is established by the county board not to exceed an amount reasonably related to the actual and necessary cost of adding the page.

201,385 Section 385 . 59.575 of the statutes is renumbered 59.535 (1) and amended to read:

59.535 (1) Certifications and filings for veterans; no charge. (a) The term In this subsection, “veteran" as used in this section means “veteran" as defined has the meaning given in s. 45.37 (1a).

(b) No fee shall be charged by any register of deeds, clerk of circuit court or any other public officer, either state, county or local, having custody of statistical records, for the making and certifying of copies, or examining proofs of any public record or instrument, required for or in connection with, the filing of any claim or application with the U.S. department of veterans affairs or any other federal agency, or to any state agency, or to the regularly established agency of any state, for benefits under federal or state laws, by a veteran or by any dependent of a veteran, when certified proof is required in connection with any claim or application for benefits, under federal or state laws, to which such veteran, or a dependent of a veteran, either living or dead, may be required to file, except, that in the counties where the register of deeds or clerk of circuit court is under the fee system and not a fixed salary, the usual fee for such service shall be paid by the county to the proper officer. The provisions of this section subsection shall supersede any provision of law in conflict therewith.

201,386 Section 386 . 59.58 (title) of the statutes is created to read:

59.58 (title) Transportation.

201,387 Section 387 . 59.58 of the statutes is renumbered 59.44 and amended to read:

59.44 County abstractor; appointment; duties; fees. (1) (a) Except as provided under par. (b), whenever any county adopts a tract index system or any recognized chain of title system, the county board thereof may create a department to be known as an abstract department, either in connection with or independent of the office of the register of deeds, as said county board deems considers advisable and may appoint a competent person for a term of two 2 years, who shall be known as the county abstractor, and shall have charge of and operate said abstract department. The board shall furnish a seal for said abstractor, who shall place said seal on each and every abstract issued by the abstractor.

(b) In any county with a county executive or a county administrator, if the county creates an abstract department under par. (a), the county executive or county administrator shall appoint and supervise the county abstractor. Such appointment shall be subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63.

(2) The register of deeds shall be eligible to hold the office of county abstractor and may hold both offices at the same time.

(3) The county abstractor shall at all times on demand of any person, and on payment of the fee therefor, make and deliver to any such person an abstract of title to any land in such the county, upon the payment of the required fee.

(4) The county board shall fix the salary of said abstractor, provide such clerical assistance as may be necessary and fix their compensation and shall fix the fees to be received for the compiling and furnishing of abstracts and may at any time prescribe regulations for the operation and conduct of said department. All fees received for the compiling and furnishing of abstracts shall be paid into the county treasury.

(5) The county board may by two-thirds vote of all the members of said the board discontinue the furnishing of abstracts.

201,388 Section 388 . 59.58 (1) (intro.) of the statutes is created to read:

59.58 (1) (intro.) The board may:

201,389 Section 389 . 59.59 of the statutes is renumbered 59.45 (2) and amended to read:

59.45 (2) Surveyor; deputies. The county surveyor may appoint and remove deputies at will on filing a certificate thereof with the county clerk.

201,390 Section 390 . Subchapter VI (title) of chapter 59 [precedes 59.60] of the statutes is created to read:

Chapter 59

Subchapter VI
Finance and budget

201,391 Section 391 . 59.60 of the statutes is renumbered 59.45 (1) and amended to read:

59.45 (1) Surveyor; duties. (a) The county surveyor shall do all of the following:

1. Execute, personally or by a deputy, all surveys that are required by the county or by any a court. Surveys for individuals or corporations may be executed at the county surveyor's discretion.

2. Make, personally or by a deputy, a record, in books or on drawings and plats that are kept therefor for that purpose, of all corners that are set and the manner of fixing the same corners and of all bearings and the distances of all courses run, of each survey made personally, by deputies or by other land surveyors and so arrange or index the same as to be record so it is an easy of to use reference and file and preserve in the office the original field notes and calculation thereof; and within, Within 60 days after completing any survey, the county surveyor shall make a true and correct copy of the foregoing record, in record books or on reproducible papers to be furnished by the county and kept in file in the office of the county surveyor to be provided by the county. In a county having with a population of 500,000 or more where there is no county surveyor, a copy of the record shall also be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.

3. Furnish a copy of any record, plat or paper in the office to any person on demand and upon payment to the county of the legal fees therefor required fees.

4. Administer to every survey assistant engaged in any survey, before commencing their duties, an oath or affirmation to faithfully and impartially to discharge the duties of survey assistant, and the surveyor and deputies are empowered to administer the same.

5. Perform such all other duties as that are required by law.

(b) Surveys for individuals or corporations may be performed by any land surveyor who is employed by the parties requiring the services, providing that within 60 days after completing any survey the land surveyor files a true and correct copy of the survey in the office of the county surveyor. In counties having with a population of 500,000 or more the copy shall be filed in the office of the register of deeds and in the office of the regional planning commission which acts in the capacity of county surveyor for the county.

201,392 Section 392 . 59.61 (title) of the statutes is created to read:

59.61 (title) Financial transactions.

201,393 Section 393 . 59.61 of the statutes is renumbered 59.73 (1) and amended to read:

59.73 (1) How bearings expressed in surveys. In all surveys the bearings shall be expressed with reference to a magnetic, true or other identifiable line of the public land survey, recorded subdivision or to the Wisconsin coordinate system. In all cases the reference selected shall be so noted as set forth in s. 59.60 (1) (b) 59.45 (1) (a) 2. and if magnetic must be retraceable and identifiable by reference to a monumented line.

201,394 Section 394 . 59.62 of the statutes is renumbered 59.73 (2) and amended to read:

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.