Amendment ASA1-AB534

LRBs0169/3

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2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 534

August 10, 2005 - Offered by Committee on Property Rights and Land Management.

AB534-ASA1,1,3 An Act to renumber and amend 84.09 (5); to amend 84.09 (5m) and 84.09 (8) (b); and to create 84.09 (5) (b) and (c) of the statutes; relating to: sale, by the Department of Transportation, of surplus real property.

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

AB534-ASA1, s. 1 Section 1. 84.09 (5) of the statutes is renumbered 84.09 (5) (a) and amended to read:

AB534-ASA1,2,12 84.09 (5) (a) Subject to pars. (b) and (c) and to the approval of the governor, the department may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the department when the department determines that the property is no longer necessary for the state's use for transportation purposes and, if real property, the real property is not the subject of a petition under s. 560.9810 (2). The department shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the same should be sold, together with an application for the governor's approval of the sale. The governor shall thereupon make such investigation as he or she may deem necessary and approve or disapprove the application. Upon such approval and receipt of the full purchase price, the department shall by appropriate deed or other instrument transfer the property to the purchaser. The approval of the governor is not required for public or private sale of property having a fair market value at the time of sale of not more than $15,000, for the transfer of surplus state real property to the department of administration under s. 560.9810, or for the transfer of surplus state personal property to the department of tourism under sub. (5s). The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from such fund.

AB534-ASA1, s. 2 Section 2. 84.09 (5) (b) and (c) of the statutes are created to read:

AB534-ASA1,3,2 84.09 (5) (b) Subject to the approval of the governor in the manner, scope, and form specified in par. (a), with respect to the sale of property acquired by the department for a project that is completed after the effective date of this paragraph .... [revisor inserts date], the department shall offer for sale or transfer ownership of the property that the department determines is no longer necessary for the state's use for transportation purposes, if the property is not the subject of a petition under s. 560.9810 (2). This disposition process shall take place within 24 months of the completion of the transportation project for which the property was acquired. Except as provided in par. (c) 3., the department shall offer limited and general marketable properties at appraised value, as determined by a state-certified or licensed appraiser, for not less than 12 months. If the department does not sell the property at or above its appraised value, the department shall sell the property by means of sealed bids or public auction.

AB534-ASA1,3,10 (c) 1. Prior to conducting a public sale on a generally marketable surplus land parcel under par. (b), the department shall contact the municipality and the local school district where the land parcel is located and the department of natural resources to solicit interest in acquiring the parcel for public use. Upon notification from the department, the municipality, local school district, and department of natural resources must respond to the department, stating their interest in the land for public use, within 60 days. Failure to respond within 60 days constitutes noninterest in the land parcel.

AB534-ASA1,3,14 2. If a municipality, a local school district, or the department of natural resources expresses interest in acquiring the land for public use, the department shall offer the municipality, local school district, or department of natural resources the right of first purchase if all of the following are true:

AB534-ASA1,3,17 a. The municipality, local school district, or department of natural resources provides a plan to the department identifying the proposed public use for the land parcel and the acreage involved in the public use.

AB534-ASA1,3,18 b. The public use would benefit a cross-section of the population.

AB534-ASA1,3,20 c. The land parcel will not be purchased for the generation of profit either through the sale price or its long-term intended public use.

AB534-ASA1,4,2 3. If the conditions of subd. 2. are met, the department shall transfer ownership of the land parcel to the municipality, local school district, or department of natural resources upon receipt of the fair market valuation of the land parcel. Ownership of the land parcel shall be transferred contingent upon the public use identified under subd. 2., and shall remain in the ownership of the public entity preserving the public use.

AB534-ASA1, s. 3 Section 3. 84.09 (5m) of the statutes is amended to read:

AB534-ASA1,4,16 84.09 (5m) Subject to the approval of the governor in the manner, scope, and form provided by sub. (5) (a), the department may convey lands or interests therein acquired pursuant to this section and improvements installed thereon to municipalities within whose limits such lands or interests therein are located. The conveyance of said lands or interests therein and improvements shall restrict the use of the premises by the municipality to the uses for which they were acquired, except that said lands or interests therein declared by the department to be excess may be so conveyed without restrictions as to use. This subsection shall apply only to the sale of property acquired by the department for a project that is completed before the effective date of this subsection .... [revisor inserts date]. The department may sell property that is acquired by the department for a project that is completed after the effective date of this subsection .... [revisor inserts date], to a municipality under sub. (5) (c), as applicable.

AB534-ASA1, s. 4 Section 4. 84.09 (8) (b) of the statutes is amended to read:

AB534-ASA1,5,2 84.09 (8) (b) Biennially, beginning on January 1, 1984, the department shall submit to the state building commission and the joint committee on finance an inventory of surplus land containing a general description of the location and an estimated value of each parcel. For each inventory submitted after the effective date of this paragraph .... [revisor inserts date], the inventory shall contain a report including the estimated marketable value totals, by marketable type, of the land parcels, the net gain and net sale of surplus properties in the previous year, and, in the first report submitted after the effective date of this paragraph .... [revisor inserts date], a summary of surplus land sales in each of the 10 years preceding the first report.

AB534-ASA1,5,3 (End)