AB303: Bill Text

AB303, s. 7 Section 7. 23.0917 (7) (a) of the statutes is renumbered 23.0917 (7) (am) and amended to read:

AB303,6,10 23.0917 (7) (am) Except as provided in pars. (b) and (c), for purposes of calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and (20m), 23.092 (4), 23.094 (3g), 23.096, 30.24 (4) and 30.277 from the appropriation under s. 20.866 (2) (ta) a stewardship acquisition, the acquisition costs shall equal the sum of the land's current fair market value based on its adjusted highest and best use and other acquisition costs, as determined by rule by the department.

AB303, s. 8 Section 8. 23.0917 (7) (ab) (intro.), 1., 2. and 4. of the statutes are created to read:

AB303,6,13 23.0917 (7) (ab) (intro.) In this subsection:

AB303,6,15 1. "Adjusted highest and best use" means the highest and best use specified by a zoning office under par. (g).

AB303,6,17 2. "Highest and best use" means the probable and legal use of land that results in the highest fair market value.

AB303,6,20 4. "Zoning office" means a town board that adopts or enacts zoning ordinances under s. 60.61, 60.62, or 61.35 or a village board or common council that enacts or adopts zoning ordinances under s. 62.23 (7).

AB303, s. 9 Section 9. 23.0917 (7) (ag) of the statutes is created to read:

AB303,7,2 23.0917 (7) (ag) For the purposes of calculating under pars. (am) to (c) the acquisition costs for acquisition of land under ss. 23.09 (19), (20), and (20m), 23.092 (4), 23.094 (3g), 23.096, 30.24 (4), and 30.277, any donation of land to the governmental unit or nonprofit conservation organization by the owner of the land being acquired may not be considered as part of the acquisition costs.

AB303, s. 10 Section 10. 23.0917 (7) (f) 1. of the statutes is renumbered 23.0917 (7) (ab) 3. and amended to read:

AB303,7,6 23.0917 (7) (ab) 3. In this paragraph, "taxation "Taxation district" has the meaning given in s. 70.114 (1) (e).

AB303, s. 11 Section 11. 23.0917 (7) (f) 2. of the statutes is renumbered 23.0917 (7) (f) and amended to read:

AB303,7,16 23.0917 (7) (f) For any stewardship acquisition of any land that is funded with moneys obligated from the appropriation under s. 20.866 (2) (ta), the department, within 30 days after the moneys for the stewardship acquisition are obligated, shall submit to the clerk and the assessor of each taxation district in which the land is located a copy of every appraisal in the department's possession that was prepared in order to determine the fair market value of the land involved. An assessor who receives a copy of an appraisal under this subdivision paragraph shall consider the appraisal in valuing the land as provided under s. 70.32 (1).

AB303, s. 12 Section 12. 23.0917 (7) (g) of the statutes is created to read:

AB303,8,3 23.0917 (7) (g) For purposes of calculating the acquisition costs for a proposed stewardship acquisition, upon the request of any person preparing an appraisal for the stewardship acquisitions, the zoning office of the taxation district in which the land that may be acquired is located shall prepare a written statement as to whether the land is currently zoned to accommodate its highest and best use. If the zoning office determines that the land is not currently zoned to accommodate its highest and best use, the zoning office shall specify in its statement what is the highest and best use of the land under any circumstances and whether the zoning office would be likely to approve rezoning the land to accommodate that highest and best use. The person preparing the appraisal shall utilize the written statement in determining the current fair market value of the land for purposes of par. (am).

AB303, s. 13 Section 13. 23.0917 (8) (am) of the statutes is created to read:

AB303,8,8 23.0917 (8) (am) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition of a conservation easement or other easement in land or a development right in land if the term of the easement or development right is for more than 30 years.

AB303, s. 14 Section 14. 23.0917 (8) (d) of the statutes is amended to read:

AB303,8,18 23.0917 (8) (d) The department may not acquire land using moneys from the appropriation under s. 20.866 (2) (ta) without the prior approval of a majority of the members-elect, as defined in s. 59.001 (2m), of the county board of supervisors of the county in which the land is located if at least 66% 50% of the land in the county is owned or under the jurisdiction of the state, the federal government, or a local governmental unit, as defined in s. 66.0131 (1) (a). Before determining whether to approve the acquisition, the county in which the land is located shall post notices that inform the residents of the community surrounding the land of the possible acquisitions.

AB303, s. 15 Section 15. 23.0917 (8) (e) of the statutes is created to read:

AB303,8,25 23.0917 (8) (e) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for a grant or state aid to a governmental unit under s. 23.09 (19), (20), or (20m) or 30.277 or to a nonprofit conservation organization under s. 23.096 unless the natural resources board approves the grant or state aid not later than 365 days after the date on which the governmental unit or the nonprofit conservation organization acquires title to the land.

AB303, s. 16 Section 16. 23.0918 (8) (f) of the statutes is created to read:

AB303,9,8 23.0918 (8) (f) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for a grant or state aid to a governmental unit under s. 23.09 (19), (20), or (20m) or 30.277 or to a nonprofit conservation organization under s. 23.096 to acquire land if the acquisition will result in an owner of land that is adjacent to the acquired land being denied access to the owner's land or in the owner having to pay for an easement or conveyance to gain access to the owner's land.

AB303, s. 17 Section 17. 23.14 of the statutes is renumbered 23.14 (1).

AB303, s. 18 Section 18. 23.14 (2) of the statutes is created to read:

AB303,9,14 23.14 (2) Before the acquisition of any land, or interest in land, by the department, the department shall notify in writing each county and each city, village, or town in which the land or interest in land is located at least 30 days before the department completes the acquisition.

AB303, s. 19 Section 19. 70.114 (1) (a) of the statutes is renumbered 70.114 (1) (am).

AB303, s. 20 Section 20. 70.114 (1) (ad) of the statutes is created to read:

AB303,9,21 70.114 (1) (ad) "Assessed value" means the lesser of the assessed value of land as indicated by the most recent property tax assessment under s. 70.32 or the assessed value of land as indicated by a property tax assessment under s. 70.32 that is prepared within 30 days after the date on which the department purchases the land and that is based on the department's intended use of the land.

AB303, s. 21 Section 21. 70.114 (1) (b) of the statutes is amended to read:

AB303,9,25 70.114 (1) (b) "Estimated value", ," for the year during which land is purchased and for land purchased before July 1, 2004, means the purchase price and, for the year during which land is purchased and for land purchased after June 30, 2004, the assessed value. "Estimated value," for later years, means the value that was used for calculating the aid payment under this section for the prior year increased or decreased to reflect the annual percentage change in the equalized valuation of all property, excluding improvements, in the taxation district, as determined by comparing the most recent determination of equalized valuation under s. 70.57 for that property to the next preceding determination of equalized valuation under s. 70.57 for that property.

AB303, s. 22 Section 22. 70.114 (1) (d) of the statutes is repealed.

AB303,10,9 (End)