2005 Wisconsin Act 149

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.

Note: Divides long sentence and inserts specific references.

149,100 Section 100. 24.31 of the statutes is amended to read:

24.31 Advertisement and resale of forfeited lands. Whenever any public lands have been forfeited under s. 24.28 for the nonpayment of either principal, interest, or taxes, and the lands have remained forfeited for 3 months, the board shall first cause such the forfeited lands to be appraised as provided by under s. 24.08 and shall thereupon. Upon completion of the appraisal, the board shall advertise such the forfeited land for sale as provided by under s. 24.09, and shall further state in the notice that the lands have been forfeited and give the names of the former purchasers. Such The sale of the forfeited lands shall be made either in the county where the lands lie or at the capitol on a day not less than 3 months nor more than 6 months after the first insertion of the notice. The board shall publish a class 3 notice, under ch. 985, of the sale giving the time and place where such the sale will be held and the county in which such the lands being sold are situated, but omitting any description of such the lands; the . The last insertion of the notice shall be at least one 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.

149,101 Section 101. 24.32 of the statutes is amended to read:

24.32 Resale and redemption. (1) Unless such the resale be of lands forfeited under s. 24.28 is prevented by payment as hereinbefore provided by under s. 24.29, such the forfeited lands shall be offered for sale at public auction to the highest bidder, in the manner and upon the terms provided, for original sales, and, if the lands are not then sold, the lands shall be subject to private entry thereafter.

(2) (a) Every such tract of forfeited lands may be redeemed by the former purchaser thereof, or the former purchaser's assigns or legal representatives, at any time before the June 30th next following the date of such the resale, upon presenting of the forfeited tract, by doing all of the following:

1. Presenting to the board satisfactory proof, which shall be filed and preserved by it the board, that such the tract was, at the time of the resale, in whole or in part under cultivation or adjoining a tract partly cultivated, belonging to the former purchaser, or the former purchaser's assigns or legal representatives, and used in connection therewith, and upon depositing with the adjoining tract.

2. Depositing with the secretary of administration, for the use of the purchaser at such the resale of the forfeited tract the amount paid by the the resale purchaser for such land the tract, together with 25% of the amount of such the taxes, interest, and costs , in addition thereto; and every to the purchase price.

(b) Every certificate of sale issued upon any such resale of forfeited lands shall be subject to the right of redemption under par. (a) whether it be or not the right of redemption is expressed in such the certificate or not. And no. No patent shall be issued on any such resale of a forfeited tract until the expiration of such the redemption period under par. (a).

(3) Upon such a redemption under sub. (2), the board shall cancel such do all of the following:

(a) Cancel the certificate, and shall make of sale issued to the resale purchaser.

(b) Make and deliver to the party so redeeming the forfeited lands a certificate thereof, and shall also record the same of the redemption.

(c) Record the certificate of the redemption in a book to be kept in its the board's office for that purpose.

Note: Subdivides long provisions and inserts specific references.

149,102 Section 102. 24.34 of the statutes is amended to read:

24.34 Void sales. In case of the event that the sale of any public lands are made by mistake, or not in accordance with law, or are obtained by fraud, and in cases where or in the event that the state had no title to such the lands sold, or its the state's title has failed, such the sale of the lands shall be void and no contract, certificate of purchase, or patent issued thereon on the lands sold shall be of any effect, but the person named as vendee, or that person's successor in interest, as the case may be, may furnish to the board such any proof as shall that will satisfy it the board of the facts. Thereupon it Except as provided in s. 24.341, upon receipt of satisfactory proof of the facts asserted by the vendee, the board shall order all amounts, either of principal or interest, paid for the lands described in the contract, certificate, or patent, together with the interest thereon on the amounts so paid from the time of each such payment, at the rate of 6% 6 percent per year, simple interest, to be refunded and paid out of the state treasury, from the fund to which it has been credited, to the person entitled thereto; provided that to the refund. Notwithstanding anything contained in this section, no money shall be paid to any person participating in any such fraud in obtaining the land, as provided in this section.

Note: Divides long sentence, inserts specific references, and conforms the expression of "percent" to current style.

149,103 Section 103. 24.341 of the statutes is amended to read:

24.341 Offset to refund on void sales. Whenever any claim shall be is made for a refund on a void land sale under s. 24.34, the board of commissioners of public lands shall make an investigation and determination, and offset the value of the use of said the land, property removed therefrom from the land, and the damage or injury thereto to the land by such the claimant, together with interest thereon, against the amounts actually paid to the state and to any other persons on account of the purchase, possession, use, damage, or injury to such the lands by said the claimants. The refund or payment to be made under s. 24.34 shall in no case be more than the excess, if any, of the amounts paid out by such the claimant, with interest, over such the offset determined under this section.

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

149,104 Section 104. 24.35 of the statutes is amended to read:

24.35 Annulment of certificates and patents. Whenever the board shall have has erroneously or improperly issued any certificate or patent for any public lands, whereby wrong or injustice has been or may be done, including cases where in which the state had no title to the lands, or its title has failed, it the board may, upon the written application of the purchaser, or the purchaser's successor in interest, revoke and annul such the certificate or patent by its order, which, with such the application, shall be filed and recorded in its the board's office. A certified copy of such the board's order may be recorded in the office of the register of deeds for the county where such the lands lie, and thereupon such upon the recording of the order, the certificate or patent shall be absolutely null and void. When such the board's order is so recorded there shall be paid out of the state treasury, from the fund to which it has been credited, to the purchaser, or the purchaser's successor in interest, the amounts in the manner and as provided in s. 24.34.

Note: Inserts specific references.

149,105 Section 105. 24.355 of the statutes is amended to read:

24.355 Limitation of actions. All claims under s. 24.34 or 24.35 shall become be barred, unless application therefor be for a payment refund is made within 5 years from the time of such the payment, or, in cases where in which the state never had title, from the time when the invalidity of the title of the state was established.

Note: Inserts specific references.

149,106 Section 106. 24.36 of the statutes is amended to read:

24.36 Lost certificates and patents. Whenever any duplicate certificate of sale shall have has been lost or destroyed before the patent shall issue has been issued, or whenever any patent shall have has been lost or destroyed, the board, upon satisfactory proof of the fact, established by affidavit to be filed with it the board, may issue a certified copy of the original certificate of sale or of the record in its the board's office of such the patent, or a quitclaim deed in place of such the missing patent, to the person entitled thereto to the copy of the certificate or record of the patent, or quitclaim deed, which shall have the same force and effect as the original duplicate certificate or patent. Its The board's certificate to such the copy and quitclaim deed shall recite the loss or destruction of the original.

Note: Inserts specific references.

149,107 Section 107. 24.37 of the statutes is amended to read:

24.37 Ejectment. If any person shall hold holds or continue continues in possession of any public lands without written permission from the board, or contrary to the conditions or covenants of any lease or written agreement, or after such the lands have been forfeited to the state, that person shall be liable to an action by the state or any purchaser from the state for an unlawful detainer or other proper action to recover possession of such the lands with and for damages for the detention of the same the lands.

Note: Inserts specific references.

149,108 Section 108. 24.38 of the statutes is amended to read: