2005 Wisconsin Act 149

24.12 Forfeit for failure to pay. Every purchaser of any lot or tract at any sale as aforesaid under s. 24.11 shall pay the amount of the purchase money required by the terms of sale to be paid in hand immediately after having bid off the same; and if as provided in s. 24.11 (1). If the purchaser shall refuse or neglect refuses or neglects to so pay, the lot or tract so bid off by the purchaser shall again be offered for sale; and the. The purchaser shall, for such refusal or neglect refusing or neglecting to pay, forfeit $25 for each lot or tract so bid off by the purchaser, which the board shall, in the name of the state, cause to be immediately sued for and collected, and, when collected , paid into the school fund.

Note: Divides long sentence, inserts specific references, and replaces the passive voice with the active.

149,79 Section 79. 24.14 of the statutes is renumbered 24.14 (1) and amended to read:

24.14 (1) Any person who has purchased from the United States or entered any of the In this section, "subject lands" means lands patented to this state as swamp and overflowed lands, or lands patented in lieu of such swamp and overflowed lands,.

(2) Any person who has purchased from the United States or entered any subject lands prior to the execution of such Unites States patents to this state for the subject lands, may whenever such those entries have been canceled by the United States on account of a conflict with the right and title of this state to such the subject lands, purchase the subject lands from this state, prior to the date fixed for the public sale thereof, such lands so purchased or entered from the United States of the subject lands, upon making satisfactory proof to the board that such the person is the identical person, or the heir, legal representative, or assign of the person, who purchased or entered such the subject lands as aforesaid provided in this subsection, and upon paying to this state for such the subject lands the same price at which such the purchase or entries were made from the United States; but nothing. Nothing contained in this chapter shall impair impairs the rights acquired by any person who has preempted any such subject lands under the laws of this state.

Note: Subdivides section, inserts definition, replaces disfavored terms, and deletes unnecessary verbiage.

149,80 Section 80. 24.145 of the statutes is renumbered 24.145 (1) and amended to read:

24.145 (1) It is declared that none of the swamp and overflowed lands heretofore granted to this state pursuant to an act of congress entitled "An Act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits", approved September 28, 1850, and the proceeds derived from the sale thereof, of those lands which that have not heretofore been actually applied for reclamation of such those lands, are necessary for the purpose of reclaiming any such swamp and overflowed lands by construction of levees and drains or otherwise.

(2) All such swamp and overflowed lands described in sub. (1) and the proceeds derived from the sale thereof of those lands including those placed and being in the drainage fund pursuant to chapter 537, laws of 1865, which that have not been actually applied for the purpose of reclaiming such those lands, shall be and they are made a part of the normal school fund. This section shall be controlling controls over any inconsistent act or statute.

Note: Subdivides section, replaces disfavored terms, and deletes unnecessary verbiage.

149,81 Section 81. 24.15 of the statutes is amended to read:

24.15 Private sale. All public lands, including forfeited lands and mortgaged lands bid in by the state, which shall have once been offered or reoffered at public sale and remain unsold, shall be subject to private sale at the minimum price fixed therefor for the sale of the land by law to the person first making application therefor for the purchase of the lands, if the person forthwith immediately complies with the term of sale; but if. If 2 or more persons shall apply at the same time to purchase any of such the same lands under this section, the same lands shall be offered to the highest bidder, and the applicant who will pay the highest price shall be the purchaser.

Note: Replaces disfavored terminology with specific references.

149,82 Section 82. 24.16 of the statutes is renumbered 24.16 (intro.) and amended to read:

24.16 Applications for private sale. (intro.) Every person making application under s. 24.15 for the purchase at private sale of any such public lands shall file in the office of the board an application in writing, describing the lot or tract which that the person proposes to purchase by the proper number of the section, township and range, and the subdivision of the section, with the person's name subscribed thereto to the application. The board shall, if the land applied for may then be sold, enter do all of the following:

(1) Enter on books kept for that purpose a note of such the application, specifying the day when made, the name of the applicant, and the description of the land applied for, and shall also give.

(2) Give to such the applicant a memorandum signed by the executive secretary of the board, stating such the application and, describing the lot or tract applied for, and stating the price at which the same lot or tract may be sold and the amount to be paid at the time of the sale, which memorandum shall be signed by the executive secretary of the board.

Note: Subdivides provision, reorders text, and replaces disfavored terminology with specific references.

149,83 Section 83. 24.17 (1) of the statutes is amended to read:

24.17 (1) When the purchaser of any such public lands shall make makes payment to the secretary of administration of the amount required to be paid on such the sale, and, in case of a private sale, shall also produce produces the memorandum mentioned described in s. 24.16, the secretary of administration shall give a receipt therefor to such the purchaser for the amount paid, and, unless such the sale be made is wholly for cash, the board shall execute and deliver to such person the purchaser a duplicate certificate of sale, in which it the board shall certify all of the following:

(a) The description of the land sold;.

(b) The sum paid and the amount remaining due thereon;.

(c) The times, place, and terms of payments;.

(d) That if such the payments shall be duly are made in accordance with the terms stated in the certificate of sale, the purchaser, or the purchaser's assigns or other legal representatives, shall be entitled to a patent for such the land;.

(e) And that That in case of the nonpayment into the state treasury of any of the following, the certificate of sale from the time of the nonpayment shall be void and the board may take possession of and resell the land described in the certificate:

1. The purchase money as it shall become becomes due, or of the.

2. The interest thereon on the purchase money by the first day of February in each year or on or before the next following June 30th thereafter, or of any.

3. Any taxes lawfully assessed thereon on the lands described in the certificate and then remaining unpaid by the purchaser or purchasers or by any person claiming under the purchaser or purchasers, then that the said certificate from the time of such failure shall be utterly void and of no effect, and that the board may take possession 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.

149,84 Section 84. 24.17 (2) of the statutes is amended to read:

24.17 (2) When the sale of public lands under sub. (1) is wholly for cash, upon payment as above provided of the full purchase price to the secretary of administration, the secretary of administration shall thereupon immediately give to such the purchaser a receipt stating the amount paid and, giving a description of the lot or tract of land sold, and stating that such the purchaser is entitled to receive a patent according to law.

Note: Inserts specific reference, corrects punctuation, and deletes unnecessary verbiage.

149,85 Section 85. 24.18 of the statutes is amended to read:

24.18 Entry of sale and patent. When any sale of public lands is made, the board shall make a note thereof of the sale in the book of entries, and shall enter therein, entering the day of sale, the name of the purchaser, the number of the certificate or patent, the sum paid, the amount of purchase money unpaid, if any, and a description of the lot or tract sold. If such the sale be made is wholly for cash it, the board shall thereupon immediately execute and deliver to the purchaser a patent for such the lot or tract of land so sold. If the land is sold at public auction it, the board shall note that fact.

Note: Inserts specific reference, corrects punctuation, and replaces disfavored terminology.

149,86 Section 86. 24.19 of the statutes is amended to read:

24.19 Certificate of sale. All original and duplicate certificates of sale issued under s. 24.17 shall be properly numbered, and the original shall be filed in the office of the board, and as. As many distinct lots or tracts of land hereafter purchased by one person in one section at the same time as that person shall request requests shall be included in one certificate or one patent, as the case may be. All certificates Certificates of sale may be acknowledged and recorded in the same manner that as deeds may be. They. Certificates of sale may also be assigned in writing, which. The assignment may be acknowledged and recorded in like the same manner as deeds, and the person to whom the same shall be legally assigned assignee shall have the same rights and remedies thereupon under the certificate as the original purchaser would have had.

Note: Inserts specific reference, corrects punctuation, and deletes unnecessary verbiage.

149,87 Section 87. 24.20 of the statutes is amended to read:

24.20 Payments and accounts. All money paid on account of sales of public lands shall be paid to the secretary of administration who shall credit the proper fund therewith with the amount paid, crediting the general fund with the proceeds of sales of Marathon County lands, and the. The secretary of administration or the secretary's designee, upon countersigning the receipt given therefor for the amount paid, shall enter the name of the person paying the same making the payment, the number of the certificate, if any, upon which the amount shall be paid, and the time of the payment.

Note: Divides long sentence, inserts specific references, corrects punctuation, and deletes unnecessary verbiage.

149,88 Section 88. 24.21 of the statutes is amended to read:

24.21 Accounts with purchasers. The board shall open and keep an account with each purchaser for every lot or tract of land that shall be is sold, either at public or private sale, in books kept for that purpose, in which it the board shall charge the purchaser with the whole purchase money and give the purchaser credit for all the purchaser's payments, making proper charges for interest as the same shall become it becomes due, and for all taxes returned to it as unpaid by the proper officer; and upon . Upon all payments being completed and the patent issued the account shall be balanced.

Note: Divides long sentence and inserts specific references.

149,89 Section 89. 24.22 of the statutes is renumbered 24.22 (1) and amended to read:

24.22 (1) Whenever full payment of the principal due upon any certificate of sale by the state shall be is made subsequent to the payment of the annual interest thereon on the principal, the excess of the interest so paid shall be refunded to the person entitled thereto to the excess payment, from the proper fund, on the warrant of the department of administration; and in case.

(2) In the event of the double or erroneous payment of interest, charges, or taxes on any certificate of sale or loan by the state, the amount so erroneously paid shall be in like manner refunded in the same manner as excess interest payments under sub. (1).

Note: Divides long sentence, and inserts specific references.

149,90 Section 90. 24.23 of the statutes is amended to read:

24.23 Title; patents. The title and fee of all public lands shall remain in the state until patents shall issue for the same; and no such for the land are issued. No patent shall issue be issued except upon full payment of the purchase money and interest and all taxes returned and lawful charges thereon on the lands being purchased.

Note: Divides long sentence and inserts specific references.

149,91 Section 91. 24.24 of the statutes is amended to read:

24.24 Effect of certificate. (1) The Except when voided by forfeiture under s. 24.28, a certificate of sale, issued pursuant to under s. 24.17 , until the same becomes void by forfeiture under s. 24.28, shall entitle entitles the purchaser, or the purchaser's heirs or assigns, to all the rents, benefits, and provisions of any lease existing thereon on the lands described in the certificate at the time of such the land purchase and thereafter accruing, and shall be after the purchase. The certificate of sale is sufficient evidence of title, and shall vest vests in the purchaser, or the purchaser's heirs and assigns, the same rights of possession, enjoyment, descent, transmission, and alienation of the lands therein described, in the certificate and the same remedies for the protection of said those rights, as against all persons , except the state, that the purchaser would possess if the purchaser were the owner thereof in fee of the described lands.

(2) No such Notwithstanding sub. (1), a certificate shall of sale does not confer the right to cut down, destroy or, dig up, or carry off any standing wood or timber, or any mineral, located on the lands described in the certificate without the written consent of said the board, except that such wood as follows:

(a) Wood or timber may be cut when to be used, and it shall is to be exclusively used , in the erection of fences or buildings on such the described lands, or.

(b) Wood or timber may be cut for necessary firewood for the household use of the persons actually occupying the same, or the described lands.

(c) Wood or timber may be cut when done in good faith for the actual and fair improvement of such land the described lands for cultivation.

(3) But Notwithstanding sub. (2) (c), no such cutting of wood or timber shall be deemed to have been done for the purposes of cultivation unless the entire surface from which such the wood and timber is cut shall have been was at the time further prepared therefor for cultivation by thoroughly clearing it of all brush and growing wood of every kind thereon, except that shade or ornamental trees on not more than 10 adjoining acres selected for building purposes, and trees valuable for saw or rail timber, not to exceed 20 upon each acre, may be left standing. Any

(4) Except as provided in subs. (2) and (3), any wood, timber, or mineral otherwise cut, dug out, or removed from any such land described in a certificate of sale shall be and remain the property of the state.

Note: Subdivides provision, reorganizes text, deletes excess verbiage, and inserts specific references.

149,92 Section 92. 24.25 (title) of the statutes is amended to read:

24.25 (title) Patent Issuance and record thereof of patent.

Note: Conforms title to current style.

149,93 Section 93. 24.25 of the statutes is renumbered 24.25 (1) and amended to read:

24.25 (1) Whenever full payment shall have been is made for any such lands described in a certificate of sale issued under s. 24.17, as required by law, and the purchaser, or the purchaser's legal representatives shall produce, produces to the board the duplicate certificate of sale, with the receipt of the secretary of administration endorsed thereon on the duplicate certificate, showing that the whole amount of the principal and interest due thereon on the purchase of the land described in the certificate has been paid and that the holder of such the duplicate certificate is entitled to a patent for the lands described therein in the certificate, the original and duplicate certificates shall be canceled, and the board shall thereupon immediately execute and deliver a patent to the person entitled thereto to the patent for the land described in such the certificate.

(2) All patents issued by the board shall be recorded in its the board's office; and the. The board's record of patents heretofore issued by it is hereby declared constitutes a legal record.

(3) Purchasers may, at any time before payment is due, pay any part or the whole of such the purchase money for the land and the interest thereon. In all cases where patents have been or may hereafter be owing on the purchase money.

(4) If a patent is issued to a person who may have died or who shall die dies before the date thereof of the patent, the title to the land described therein shall inure inures to and become vested vests in the decedent's heirs, devisees, or assignees of such person to the same extent as if the patent had issued to that person the decedent during 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.

149,94 Section 94. 24.251 of the statutes is amended to read:

24.251 Patents, issuance; county may record. Whenever it shall appear appears to the board of commissioners of public lands that all the conditions relating to the issuance of patents have been complied with, the board may issue patents, and the county board of any county may cause such the patents to be recorded in the county and pay the cost of such the recording.

Note: "Board" is defined in s. 24.01 as the board of commissioners of public lands.

149,95 Section 95. 24.26 of the statutes is amended to read:

24.26 Patentee's rights. Except as provided otherwise by under s. 24.11, any person, or the person's heirs or assigns, who shall receive receives a patent pursuant to law for any public lands shall thereby acquire acquires the right to all timber, lumber, trees, wood, bark, stone, earth, and other materials cut, dug, taken, or removed therefrom from the lands subject to the patent before the issue of such the patent, unless the same shall have been materials were cut, dug, taken, or removed by the assent of said the board or were sold by the state, and. The person receiving the patent may maintain any proper an action for the recovery thereof of the materials that were cut, dug, taken, or removed, or for any injury done to or trespass committed upon said the lands before such the patent shall have been was issued, in the same manner and, with the like same effect, and the person shall be entitled to like with the same entitlement to damages as if such the injury or trespass had been committed after the patent had was issued.

Note: Deletes excess verbiage and inserts specific references.

149,96 Section 96. 24.28 of the statutes is renumbered 24.28 (1) (a) and amended to read:

24.28 (1) (a) In the case of the nonpayment Nonpayment of interest when it is due according to the terms of the certificate of sale, or of.

(b) Nonpayment of any taxes which that before said the annual interest required by the certificate of sale is paid shall have been are returned to the board of commissioners of public lands by the county treasurer as due and unpaid upon such land, or the lands described in the certificate.

(c) Nonpayment of the principal owing on the purchase of the lands described in the certificate of sale when required by the board, such certificate shall become void from the time of such failure, and the purchaser, the purchaser's heirs and assigns, shall forfeit all right and interest in the lands described in such certificate; and.

(2) In the event of a forfeiture of lands under sub. (1), the board may take immediate possession thereof and may of and resell the same the forfeited lands as hereinafter 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.

149,97 Section 97. 24.28 (1) (intro.) of the statutes is created to read:

24.28 (1) (intro.) A certificate of sale issued under s. 24.17 becomes void upon the occurrence of any of the following, and the purchaser of the lands described in the certificate, or the purchaser's heirs and assigns, shall forfeit all right and interest in the lands:

Note: See the previous section of this bill.

149,98 Section 98. 24.29 of the statutes is amended to read:

24.29 Redemption. At any time before the 5 days next preceding the reoffering of such land at public sale of any land forfeited under s. 24.28, the former purchaser, or the former purchaser's assigns or legal representatives, may, prevent the resale of the forfeited lands and revive the original contract by the payment of paying the principal sum due, with interest, and all taxes returned thereon on the forfeited lands to the secretary of administration which that are still unpaid, and all costs occasioned by the delay, together with 3% 3 percent damages on the whole sum owing for such land, prevent such resale and revive the original contract the forfeited lands.

Note: Reorganizes text, deletes excess verbiage, inserts specific references, and conforms the expression of "percent" to current style.

149,99 Section 99. 24.30 of the statutes is amended to read:

24.30 Liability of former purchaser. In case of such a forfeiture of lands under s. 24.28, the former purchaser of such land the forfeited lands shall be liable for any waste or unnecessary injury which that the former purchaser may have done to the same, forfeited lands or to the timber or mineral thereon; and any minerals located upon the forfeited lands. An action therefor for waste or unnecessary injury under this section may be prosecuted by the board in the name of the state.