SB365,38,97
24.14
(1) Any person who has purchased from the United States or entered any
8of the In this section, "subject lands" means lands patented to this state as swamp
9and overflowed lands, or lands patented in lieu of
such swamp and overflowed lands
,.
SB365,38,22
10(2) Any person who has purchased from the United States or entered any
11subject lands prior to the execution of
such
Unites States patents to this state
for the
12subject lands, may whenever
such those entries have been canceled by the United
13States on account of
a conflict with the right and title of this state to
such the subject 14lands, purchase
the subject lands from this state, prior to the date fixed for the public
15sale
thereof, such lands so purchased or entered from the United States of the subject
16lands, upon making satisfactory proof to the board that
such the person is the
17identical person, or the heir, legal representative
, or assign of the person, who
18purchased or entered
such the subject lands as
aforesaid provided in this subsection,
19and upon paying to this state for
such the subject lands the same price at which
such 20the purchase or entries were made from the United States
; but nothing. Nothing 21contained in this chapter
shall impair impairs the rights acquired by any person who
22has preempted any
such subject lands under the laws of this state.
Note: Subdivides section, inserts definition, replaces disfavored terms, and deletes
unnecessary verbiage.
SB365, s. 80
1Section
80. 24.145 of the statutes is renumbered 24.145 (1) and amended to
2read:
SB365,39,93
24.145
(1) It is declared that none of the swamp and overflowed lands
4heretofore granted to this state pursuant to an act of congress entitled "An Act to
5enable the state of Arkansas and other states to reclaim the swamp lands within
6their limits", approved September 28, 1850, and the proceeds derived from the sale
7thereof, of those lands which that have not
heretofore been actually applied for
8reclamation of
such those lands, are necessary for the purpose of reclaiming any such
9swamp and overflowed lands by construction of levees and drains or otherwise.
SB365,39,15
10(2) All
such swamp and overflowed lands
described in sub. (1) and the proceeds
11derived from the sale
thereof of those lands including those placed and being in the
12drainage fund pursuant to
chapter 537, laws of 1865,
which that have not been
13actually applied for the purpose of reclaiming
such
those lands, shall be
and they are
14made a part of the normal school fund. This section
shall be controlling controls over
15any inconsistent act or statute.
Note: Subdivides section, replaces disfavored terms, and deletes unnecessary
verbiage.
SB365, s. 81
16Section
81. 24.15 of the statutes is amended to read:
SB365,40,2
1724.15 Private sale. All public lands, including forfeited lands and mortgaged
18lands bid in by the state, which
shall have once been offered or reoffered at public sale
19and remain unsold, shall be subject to private sale at the minimum price fixed
20therefor for the sale of the land by law to the person first making application
therefor 21for the purchase of the lands, if the person
forthwith immediately complies with the
22term of sale
; but if. If 2 or more persons
shall apply at the same time to purchase
any
23of such the same lands
under this section, the
same lands shall be offered to the
1highest bidder, and the applicant who will pay the highest price shall be the
2purchaser.
Note: Replaces disfavored terminology with specific references.
SB365, s. 82
3Section
82. 24.16 of the statutes is renumbered 24.16 (intro.) and amended to
4read:
SB365,40,11
524.16 Applications for private sale. (intro.) Every person making
6application
under s. 24.15 for the purchase at private sale of any
such public lands
7shall file in the office of the board an application in writing, describing the lot or tract
8which that the person proposes to purchase by the proper number of the section,
9township and range, and the subdivision of the section, with the person's name
10subscribed
thereto to the application. The board shall, if the land applied for may
11then be sold,
enter do all of the following:
SB365,40,14
12(1) Enter on books kept for that purpose a note of
such the application,
13specifying the day when made, the name of the applicant, and the description of the
14land applied for
, and shall also give.
SB365,40,19
15(2) Give to
such the applicant a memorandum
signed by the executive secretary
16of the board, stating
such the application
and, describing the lot or tract applied for,
17and stating the price at which the
same lot or tract may be sold and the amount to
18be paid at the time of the sale
, which memorandum shall be signed by the executive
19secretary of the board.
Note: Subdivides provision, reorders text, and replaces disfavored terminology
with specific references.
SB365, s. 83
20Section
83. 24.17 (1) of the statutes is amended to read:
SB365,41,421
24.17
(1) When the purchaser of any
such public lands
shall make makes 22payment to the secretary of administration of the amount required to be paid on
such 23the sale
, and, in case of a private sale,
shall also produce produces the memorandum
1mentioned described in s. 24.16, the secretary of administration shall give a receipt
2therefor to
such the purchaser
for the amount paid, and
, unless
such the sale
be made 3is wholly for cash
, the board shall execute and deliver to
such person the purchaser 4a duplicate certificate of sale, in which
it the board shall certify
all of the following:
SB365,41,55
(a) The description of the land sold
;.
SB365,41,66
(b) The sum paid and the amount remaining due
thereon;
.
SB365,41,77
(c) The times, place
, and terms of payments
;.
SB365,41,108
(d) That if
such the payments
shall be duly are made
in accordance with the
9terms stated in the certificate of sale, the purchaser
, or the purchaser's assigns or
10other legal representatives
, shall be entitled to a patent for
such the land
;.
SB365,41,1311
(e)
And that That in case of the nonpayment into the state treasury of
any of 12the
following, the certificate of sale from the time of the nonpayment shall be void
13and the board may take possession of and resell the land described in the certificate:
SB365,41,14
141. The purchase money as it
shall become becomes due
, or of the.
SB365,41,16
152. The interest
thereon on the purchase money by the first day of February in
16each year or on or before the
next following June 30th
thereafter, or of any.
SB365,41,21
173. Any taxes lawfully assessed
thereon on the lands described in the certificate 18and then remaining unpaid by the purchaser or purchasers or by any person
19claiming under the purchaser or purchasers
, then that the said certificate from the
20time of such failure shall be utterly void and of no effect, and that the board may take
21possession of the land described in such certificate and resell the same.
Note: Conforms punctuation to current style, deletes unnecessary verbiage,
inserts preferred verb form, inserts specific reference, places a list in outline form, and
reorders text for more logical placement.
SB365, s. 84
22Section
84. 24.17 (2) of the statutes is amended to read:
SB365,42,6
124.17
(2) When the sale
of public lands under sub. (1) is wholly for cash, upon
2payment
as above provided of the full purchase price to the secretary of
3administration, the secretary of administration shall
thereupon immediately give to
4such the purchaser a receipt stating the amount paid
and, giving a description of the
5lot or tract of land sold
, and
stating that
such the purchaser is entitled to receive a
6patent according to law.
Note: Inserts specific reference, corrects punctuation, and deletes unnecessary
verbiage.
SB365, s. 85
7Section
85. 24.18 of the statutes is amended to read:
SB365,42,15
824.18 Entry of sale and patent. When any sale
of public lands is made
, the
9board shall make a note
thereof of the sale in the book of entries
, and shall enter
10therein, entering the day of sale, the name of the purchaser, the number of the
11certificate or patent, the sum paid, the amount of purchase money unpaid, if any, and
12a description of the lot or tract sold. If
such
the sale
be made is wholly for cash
it,
13the board shall
thereupon immediately execute and deliver to the purchaser a patent
14for
such the lot or tract of land so sold. If
the land is sold at public auction
it, the board 15shall note that fact.
Note: Inserts specific reference, corrects punctuation, and replaces disfavored
terminology.
SB365, s. 86
16Section
86. 24.19 of the statutes is amended to read:
SB365,43,5
1724.19 Certificate of sale. All original and duplicate certificates
of sale issued
18under s. 24.17 shall be properly numbered, and the original shall be filed in the office
19of the board
, and as. As many distinct lots or tracts of land
hereafter purchased by
20one person in one section at the same time as that person
shall request requests shall
21be included in one certificate or one patent, as the case may be.
All certificates 22Certificates of sale may be acknowledged and recorded in the same manner
that as
1deeds
may be. They. Certificates of sale may
also be assigned in writing
, which. The 2assignment may be acknowledged and recorded in
like
the same manner
as deeds,
3and the
person to whom the same shall be legally assigned assignee shall have the
4same rights and remedies
thereupon under the certificate as the original purchaser
5would have had.
Note: Inserts specific reference, corrects punctuation, and deletes unnecessary
verbiage.
SB365, s. 87
6Section
87. 24.20 of the statutes is amended to read:
SB365,43,14
724.20 Payments and accounts. All money paid on account of sales of public
8lands shall be paid to the secretary of administration who shall credit the proper fund
9therewith with the amount paid, crediting the general fund with the proceeds of sales
10of Marathon County lands
, and the. The secretary of administration or the
11secretary's designee, upon countersigning the receipt given
therefor for the amount
12paid, shall enter the name of the person
paying the same making the payment, the
13number of the certificate, if any, upon which the amount shall be paid, and the time
14of the payment.
Note: Divides long sentence, inserts specific references, corrects punctuation, and
deletes unnecessary verbiage.
SB365, s. 88
15Section
88. 24.21 of the statutes is amended to read:
SB365,44,2
1624.21 Accounts with purchasers. The board shall open and keep an account
17with each purchaser for every lot or tract of land that
shall be is sold, either at public
18or private sale, in books kept for that purpose, in which
it the board shall charge the
19purchaser with the whole purchase money and give the purchaser credit for all the
20purchaser's payments, making proper charges for interest as
the same shall become 21it becomes due, and for all taxes returned to it as unpaid by the proper officer
; and
1upon. Upon all payments being completed and the patent issued the account shall
2be balanced.
Note: Divides long sentence and inserts specific references.
SB365, s. 89
3Section
89. 24.22 of the statutes is renumbered 24.22 (1) and amended to read:
SB365,44,84
24.22
(1) Whenever full payment of the principal due upon any certificate of
5sale by the state
shall be is made subsequent to the payment of the annual interest
6thereon on the principal, the excess of the interest so paid shall be refunded to the
7person entitled
thereto to the excess payment, from the proper fund, on the warrant
8of the department of administration
; and in case.
SB365,44,12
9(2) In the event of the double or erroneous payment of interest, charges
, or
10taxes on any certificate of sale or loan by the state
, the amount
so erroneously paid
11shall be
in like manner refunded
in the same manner as excess interest payments
12under sub. (1).
Note: Divides long sentence, and inserts specific references.
SB365, s. 90
13Section
90. 24.23 of the statutes is amended to read:
SB365,44,18
1424.23 Title; patents. The title and fee of all public lands shall remain in the
15state until patents
shall issue for the same; and no such for the land are issued. No 16patent shall
issue be issued except upon full payment of the purchase money and
17interest and all taxes returned and lawful charges
thereon on the lands being
18purchased.
Note: Divides long sentence and inserts specific references.
SB365, s. 91
19Section
91. 24.24 of the statutes is amended to read:
SB365,45,9
2024.24 Effect of certificate. (1) The Except when voided by forfeiture under
21s. 24.28, a certificate of sale
, issued
pursuant to under s. 24.17
, until the same
22becomes void by forfeiture under s. 24.28, shall entitle entitles the purchaser,
or the
1purchaser's heirs or assigns, to all the rents, benefits
, and provisions of any lease
2existing
thereon on the lands described in the certificate at the time of
such the land 3purchase and
thereafter accruing
, and shall be after the purchase. The certificate
4of sale is sufficient evidence of title
, and
shall vest vests in the purchaser,
or the
5purchaser's heirs and assigns, the same rights of possession, enjoyment, descent,
6transmission
, and alienation of the lands
therein described
, in the certificate and the
7same remedies for the protection of
said those rights
, as against all persons
, except
8the state, that the purchaser would possess if the purchaser were the owner
thereof 9in fee
of the described lands.
SB365,45,13
10(2) No such Notwithstanding sub. (1), a certificate
shall of sale does not confer
11the right to cut down, destroy
or, dig up
, or carry off any standing wood or timber
, or
12any mineral
, located on the lands described in the certificate without the written
13consent of
said the board, except
that such wood as follows:
SB365,45,15
14(a) Wood or timber may be cut when
to be used, and it
shall is to be exclusively
15used
, in the erection of fences or buildings on
such the described lands
, or.
SB365,45,17
16(b) Wood or timber may be cut for necessary firewood for the household use of
17the persons actually occupying
the same, or the described lands.
SB365,45,19
18(c) Wood or timber may be cut when done in good faith for the actual and fair
19improvement of
such land the described lands for cultivation.
SB365,46,2
20(3) But Notwithstanding sub. (2) (c), no
such cutting
of wood or timber shall
21be deemed to have been done for the purposes of cultivation unless the entire surface
22from which
such the wood and timber is cut
shall have been was at the time further
23prepared
therefor for cultivation by thoroughly clearing
it of all brush and growing
24wood of every kind
thereon, except that shade or ornamental trees on not more than
110 adjoining acres selected for building purposes, and trees valuable for saw or rail
2timber, not to exceed 20 upon each acre, may be left standing.
Any
SB365,46,5
3(4) Except as provided in subs. (2) and (3), any wood, timber
, or mineral
4otherwise cut, dug out
, or removed from any
such land
described in a certificate of
5sale shall
be and remain the property of the state.
Note: Subdivides provision, reorganizes text, deletes excess verbiage, and inserts
specific references.
SB365, s. 92
6Section
92. 24.25 (title) of the statutes is amended to read:
SB365,46,7
724.25 (title)
Patent Issuance and record thereof of patent.
Note: Conforms title to current style.
SB365, s. 93
8Section
93. 24.25 of the statutes is renumbered 24.25 (1) and amended to read:
SB365,46,199
24.25
(1) Whenever full payment
shall have been is made for any
such lands
10described in a certificate of sale issued under s. 24.17, as required by law, and the
11purchaser
, or the purchaser's legal representatives
shall produce, produces to the
12board the duplicate certificate of sale, with the receipt of the secretary of
13administration endorsed
thereon on the duplicate certificate, showing that the whole
14amount of the principal and interest due
thereon
on the purchase of the land
15described in the certificate has been paid and that the holder of
such the duplicate 16certificate is entitled to a patent for the lands described
therein in the certificate, the
17original and duplicate certificates shall be canceled, and the board shall
thereupon 18immediately execute and deliver a patent to the person entitled
thereto to the patent 19for the land described in
such the certificate.
SB365,46,22
20(2) All patents issued by the board shall be recorded in
its the board's office
;
21and the. The board's record of patents
heretofore issued by it
is hereby declared 22constitutes a legal record.
SB365,47,3
1(3) Purchasers may, at any time before
payment is due, pay any part or the
2whole of
such the purchase money
for the land and the interest
thereon. In all cases
3where patents have been or may hereafter be owing on the purchase money.
SB365,47,8
4(4) If a patent is issued to a person who
may have died or who shall die dies 5before the date
thereof of the patent, the title to the land described
therein shall inure 6inures to and
become vested vests in the
decedent's heirs, devisees
, or assignees
of
7such person to the same extent as if the patent had issued to
that person the decedent 8during
that person's the decedent's lifetime.
Note: Subdivides provision, reorganizes text, replaces the passive voice with the
active, deletes excess verbiage, and inserts specific references.
SB365, s. 94
9Section
94. 24.251 of the statutes is amended to read:
SB365,47,14
1024.251 Patents, issuance; county may record. Whenever it
shall appear 11appears to the board
of commissioners of public lands that all the conditions relating
12to the issuance of patents have been complied with, the board may issue patents, and
13the county board of any county may cause
such the patents to be recorded in the
14county and pay the cost of
such the recording.
Note: "Board" is defined in s. 24.01 as the board of commissioners of public lands.
SB365, s. 95
15Section
95. 24.26 of the statutes is amended to read:
SB365,48,5
1624.26 Patentee's rights. Except as provided
otherwise by under s. 24.11
, any
17person,
or the person's heirs or assigns, who
shall receive receives a patent pursuant
18to law for any public lands
shall thereby acquire
acquires the right to all timber,
19lumber, trees, wood, bark, stone, earth, and other materials cut, dug, taken
, or
20removed
therefrom from the lands subject to the patent before the issue of
such the 21patent, unless the
same shall have been materials were cut, dug, taken
, or removed
22by the assent of
said the board or
were sold by the state
, and. The person receiving
23the patent may maintain
any proper an action for the recovery
thereof of the
1materials that were cut, dug, taken, or removed, or for any injury done to or trespass
2committed upon
said the lands before
such the patent
shall have been
was issued,
3in the same manner
and, with the
like same effect, and
the person shall be entitled
4to like with the same entitlement to damages as if
such the injury or trespass had
5been committed after the patent
had was issued.
Note: Deletes excess verbiage and inserts specific references.
SB365, s. 96
6Section
96. 24.28 of the statutes is renumbered 24.28 (1) (a) and amended to
7read:
SB365,48,98
24.28
(1) (a)
In the case of the nonpayment Nonpayment of interest when
it is 9due according to the terms of the certificate of sale
, or of.
SB365,48,13
10(b) Nonpayment of any taxes
which
that before
said the annual interest
11required by the certificate of sale is paid
shall have been are returned to the board
12of commissioners of public lands by the county treasurer as due and unpaid upon
13such land, or the lands described in the certificate.
SB365,48,18
14(c) Nonpayment of the principal
owing on the purchase of the lands described
15in the certificate of sale when required by the board
, such certificate shall become
16void from the time of such failure, and the purchaser, the purchaser's heirs and
17assigns, shall forfeit all right and interest in the lands described in such certificate;
18and.
SB365,48,21
19(2) In the event of a forfeiture of lands under sub. (1), the board may take
20immediate possession
thereof and may of and resell
the same the forfeited lands as
21hereinafter provided
under ss. 24.29 to 24.33.
Note: Subdivides provision, reorganizes text, deletes excess verbiage, and inserts
specific references. "Board" is defined in s. 24.01 as the board of commissioners of public
lands. Language stricken in the new sub. (1) (c) is moved to a new s. 24.28 (1) (intro.) by
the next section of this bill for more logical placement.
SB365, s. 97
22Section
97. 24.28 (1) (intro.) of the statutes is created to read:
SB365,49,4
124.28
(1) (intro.) A certificate of sale issued under s. 24.17 becomes void upon
2the occurrence of any of the following, and the purchaser of the lands described in
3the certificate, or the purchaser's heirs and assigns, shall forfeit all right and interest
4in the lands:
Note: See the previous section of this bill.
SB365, s. 98
5Section
98. 24.29 of the statutes is amended to read:
SB365,49,14
624.29 Redemption. At any time before the 5 days next preceding the
7reoffering
of such land at public sale
of any land forfeited under s. 24.28, the former
8purchaser
, or the former purchaser's assigns or legal representatives
, may
, prevent
9the resale of the forfeited lands and revive the original contract by
the payment of 10paying the
principal sum due
, with interest, and all taxes returned
thereon
on the
11forfeited lands to the secretary of administration
which that are still unpaid, and all
12costs occasioned by the delay, together with
3% 3 percent damages on the whole sum
13owing for
such land, prevent such resale and revive the original contract the forfeited
14lands.
Note: Reorganizes text, deletes excess verbiage, inserts specific references, and
conforms the expression of "percent" to current style.
SB365, s. 99
15Section
99. 24.30 of the statutes is amended to read:
SB365,49,21
1624.30 Liability of former purchaser. In case of
such a forfeiture
of lands
17under s. 24.28, the former purchaser of
such land
the forfeited lands shall be liable
18for any waste or unnecessary injury
which that the former purchaser may have done
19to the
same, forfeited lands or to the timber or
mineral thereon; and any minerals
20located upon the forfeited lands. An action
therefor for waste or unnecessary injury
21under this section may be prosecuted by the board in the name of the state.
Note: Divides long sentence and inserts specific references.
SB365, s. 100
22Section
100. 24.31 of the statutes is amended to read:
SB365,50,14
124.31 Advertisement and resale of forfeited lands. Whenever any public
2lands have been forfeited
under s. 24.28 for the nonpayment of
either principal,
3interest
, or taxes, and
the lands have remained forfeited for 3 months, the board shall
4first cause
such the forfeited lands to be appraised as provided
by under s. 24.08
and
5shall thereupon. Upon completion of the appraisal, the board shall advertise
such 6the forfeited land for sale as provided
by under s. 24.09
, and shall
further state in the
7notice that the lands have been forfeited and give the names of the former
8purchasers.
Such The sale
of the forfeited lands shall be made either in the county
9where the lands lie or at the capitol on a day not less than 3 months nor more than
106 months after the first insertion of the notice. The board shall publish a class 3
11notice, under ch. 985, of the sale giving the time and place where
such the sale will
12be held and the county in which
such the lands
being sold are situated, but omitting
13any description of
such the lands
; the. The last insertion of the notice shall be at least
14one week
previous prior to the time
of commencing such the sale
is to commence.