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.
Note: Divides long sentence, replaces the passive voice with the active, and inserts
specific references.
SB365, s. 101
15Section
101. 24.32 of the statutes is amended to read:
SB365,50,20
1624.32 Resale and redemption. (1) Unless
such the resale
be of lands
17forfeited under s. 24.28 is prevented by payment
as hereinbefore provided by under 18s. 24.29,
such the forfeited lands shall be offered for sale at public auction to the
19highest bidder
, in the manner and upon the terms provided
, for original sales
, and
, 20if
the lands are not then sold
, the lands shall be subject to private entry
thereafter.
SB365,51,2
21(2) (a) Every
such tract
of forfeited lands may be redeemed by the former
22purchaser
thereof,
or the former purchaser's assigns or legal representatives
, at any
1time before the June 30th next following the date of
such the resale
, upon presenting 2of the forfeited tract, by doing all of the following:
SB365,51,7
31. Presenting to the board satisfactory proof, which shall be filed and preserved
4by
it the board, that
such the tract was, at the time of
the resale, in whole or in part
5under cultivation or adjoining a tract partly cultivated, belonging to the former
6purchaser,
or the former purchaser's assigns or legal representatives
, and used in
7connection
therewith, and upon depositing with the adjoining tract.
SB365,51,11
82. Depositing with the secretary of administration, for the use of the purchaser
9at
such the resale
of the forfeited tract the amount paid by the
the resale purchaser
10for
such land the tract, together with 25% of the amount of
such the taxes, interest,
11and costs
, in addition
thereto; and every to the purchase price.
SB365,51,16
12(b) Every certificate
of sale issued upon any
such resale
of forfeited lands shall
13be subject to the right of redemption
under par. (a) whether
it be or not the right of
14redemption is expressed in
such the certificate
or not. And no. No patent shall be
15issued on any
such resale
of a forfeited tract until the expiration of
such the 16redemption period
under par. (a).
SB365,51,18
17(3) Upon
such a redemption
under sub. (2), the board shall
cancel such do all
18of the following:
SB365,51,19
19(a) Cancel the certificate
, and shall make of sale issued to the resale purchaser.
SB365,51,21
20(b) Make and deliver to the party
so redeeming
the forfeited lands a certificate
21thereof, and shall also record the same of the redemption.
SB365,51,23
22(c) Record the certificate of the redemption in a book
to be kept in
its the board's 23office for that purpose.
Note: Subdivides long provisions and inserts specific references.
SB365, s. 102
24Section
102. 24.34 of the statutes is amended to read:
SB365,52,17
124.34 Void sales. In
case of the event that the sale of any public lands
are made
2by mistake
, or not in accordance with law, or
are obtained by fraud,
and in cases
3where or in the event that the state had no title to
such the lands
sold, or
its the state's 4title has failed,
such the sale
of the lands shall be void and no contract, certificate of
5purchase
, or patent issued
thereon
on the lands sold shall be of any effect, but the
6person named as vendee, or that person's successor in interest,
as the case may be, 7may furnish to the board
such any proof
as shall that will satisfy
it the board of the
8facts.
Thereupon it Except as provided in s. 24.341, upon receipt of satisfactory proof
9of the facts asserted by the vendee, the board shall order all amounts, either of
10principal or interest, paid for the lands described in the contract, certificate
, or
11patent, together with the interest
thereon on the amounts so paid from the time of
12each such payment, at the rate of
6% 6 percent per year, simple interest, to be
13refunded and paid out of the state treasury, from the fund to which it has been
14credited, to the person entitled
thereto; provided that to the refund.
15Notwithstanding anything contained in this section, no money shall be paid to any
16person participating in any
such fraud
in obtaining the land, as provided in this
17section.
Note: Divides long sentence, inserts specific references, and conforms the
expression of "percent" to current style.
SB365, s. 103
18Section
103. 24.341 of the statutes is amended to read:
SB365,53,5
1924.341 Offset to refund on void sales. Whenever any claim
shall be is made
20for a refund on a void land sale under s. 24.34, the board
of commissioners of public
21lands shall make an investigation and determination, and offset the value of the use
22of
said the land, property removed
therefrom from the land, and
the damage or injury
23thereto to the land by
such the claimant, together with interest thereon, against the
1amounts actually paid to the state and to any other persons on account of the
2purchase, possession, use, damage
, or injury to
such the lands by
said the claimants.
3The refund or payment to be made under s. 24.34 shall in no case be more than the
4excess, if any, of the amounts paid out by
such the claimant
, with interest
, over
such 5the offset
determined under this section.
Note: Inserts specific references. "Board" is defined in s. 24.01 as the board of
commissioners of public lands.
SB365, s. 104
6Section
104. 24.35 of the statutes is amended to read:
SB365,53,19
724.35 Annulment of certificates and patents. Whenever the board
shall
8have has erroneously or improperly issued any certificate or patent for any public
9lands
, whereby wrong or injustice has been or may be done, including cases
where 10in which the state had no title to the lands, or its title has failed,
it the board may,
11upon the written application of the purchaser, or the purchaser's successor in
12interest
, revoke and annul
such
the certificate or patent by its order, which
, with
such 13the application, shall be filed and recorded in
its the board's office. A certified copy
14of
such the board's order may be recorded in the office of the register of deeds for the
15county where
such the lands lie, and
thereupon such upon the recording of the order,
16the certificate or patent shall be
absolutely null and void. When
such the board's 17order is so recorded there shall be paid out of the state treasury, from the fund to
18which it has been credited, to the purchaser, or the purchaser's successor in interest
, 19the amounts in the manner and as provided in s. 24.34.
Note: Inserts specific references.
SB365, s. 105
20Section
105. 24.355 of the statutes is amended to read:
SB365,54,2
2124.355 Limitation of actions. All claims under s. 24.34 or 24.35 shall
become 22be barred, unless application
therefor be for a payment refund is made within 5 years
1from the time of
such the payment, or, in cases
where in which the state never had
2title, from the time when the invalidity of the title of the state was established.
Note: Inserts specific references.
SB365, s. 106
3Section
106. 24.36 of the statutes is amended to read:
SB365,54,13
424.36 Lost certificates and patents. Whenever any duplicate certificate of
5sale
shall have has been lost or destroyed before the patent
shall issue has been
6issued, or whenever any patent
shall have has been lost or destroyed
, the board, upon
7satisfactory proof of the fact
, established by affidavit
to be filed with
it the board, may
8issue a certified copy of the original certificate of sale or of the record in
its the board's 9office of
such the patent, or a quitclaim deed in place of
such the missing patent, to
10the person entitled
thereto to the copy of the certificate or record of the patent, or
11quitclaim deed, which shall have the same force and effect as the original duplicate
12certificate or patent.
Its The board's certificate to
such the copy and quitclaim deed
13shall recite the loss or destruction of the original.
Note: Inserts specific references.
SB365, s. 107
14Section
107. 24.37 of the statutes is amended to read:
SB365,54,21
1524.37 Ejectment. If any person
shall hold holds or
continue continues in
16possession of any public lands without written permission from the board, or
17contrary to the conditions or covenants of any lease or written agreement, or after
18such the lands have been forfeited to the state, that person shall be liable to an action
19by the state or any purchaser from the state for an unlawful detainer or other proper
20action to recover possession of
such the lands
with and for damages for the detention
21of the
same the lands.
Note: Inserts specific references.
SB365, s. 108
22Section
108. 24.38 of the statutes is amended to read:
SB365,55,4
124.38 Boundaries. The lines, boundaries
, and descriptions of the swamp
2lands as exhibited by the plats and field notes of the United States survey are
3adopted and
shall be deemed conclusively to be the true lines, boundaries
, and
4descriptions
thereof of those swamp lands.
Note: Inserts specific references.
SB365, s. 109
5Section
109. 24.39 (title) of the statutes is amended to read:
SB365,55,6
624.39 (title)
Leases, etc. of public lands.
Note: Deletes disfavored term.
SB365, s. 110
7Section
110. 45.014 (title) of the statutes is amended to read:
SB365,55,8
845.014 (title)
Wisconsin veterans museum Veterans Museum.
Note: Changes capitalization consistent with the treatment of this section by
2001
Wis. Act 103 as already reflected in the printed volumes.
SB365, s. 111
9Section
111. 48.685 (5) (bm) 4. of the statutes is amended to read:
SB365,55,1510
48.685
(5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1),
11125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5),
12or (6), 940.20, 940.203, 940.205, 940.207, or 940.25, a violation of s. 346.63 (1), (2),
13(5), or (6) that is a felony under s. 346.65 (2)
(e)
(am) 5. or (f), (2j) (d), or (3m), or an
14offense under ch. 961 that is a felony, if committed not more than 5 years before the
15date of the investigation under sub. (2) (am).
Note: Changes cross-reference to accommodate renumbering by Section 136 of
this bill.