59.70(13)(a)11.
11. Collect money from all counties in the district for operation of the district.
59.70(13)(a)12.
12. Require the employes of the commission who handle commission funds to furnish surety bonds, in amounts the commission may determine.
59.70(13)(a)13.
13. Perform other acts that are reasonable and necessary to carry out the functions of the commission.
59.70(13)(b)
(b) Members or employes of the commission may request admission onto any property within the district at reasonable times to determine if mosquito breeding is present. If the owner or occupant refuses admission, the commission member or employe shall seek a warrant to inspect the property as a potential mosquito breeding ground. Commission members or employes may enter upon property to clean up stagnant pools of water or shores of lakes or streams, and may spray mosquito breeding areas with insecticides subject to the approval of the district director and the department of natural resources. The commission shall notify the property owner of any pending action under this paragraph and shall provide the property owner with a hearing prior to acting under this paragraph if the owner objects to the commission's actions.
59.70(13)(c)1.
1. Submit to the board of each county that is participating in the mosquito control district, at the end of each year, a complete audit of the financial transactions concluded and a progress report indicating the actions taken to control mosquitoes.
59.70(13)(c)2.
2. Publish a notice for general circulation in each of the counties in the district for bids at least 10 days prior to purchasing materials or services costing more than $2,500. The notice shall state the nature of the work or purchase, the terms and conditions upon which the contract will be awarded, and the time and place where bids will be received, opened and read publicly. The commission may reject all bids after the reading or shall award the contract to the lowest responsible bidder. The commission may award the contract to any unit of government without the intervention of bidding, under
s. 66.299 (2). The district business administrator shall execute all contracts in writing, and may require the contracting party to provide a bond to ensure performance of the contract. The commission may direct the business administrator to purchase materials or services costing $5,000 or less on the open market at the lowest price available, without securing competitive bids, if the commission declares that an emergency exists by an affirmative vote of five-sixths of the commission. In this subdivision, an "emergency" is an unforeseen circumstance that jeopardizes life or property.
59.70(13)(c)3.
3. Employ and fix the duties and compensation of a full-time or part-time entomologist to act as director of the mosquito control program, who shall develop and supervise [of] the program.
59.70 Note
NOTE: The bracketed language was inadvertently retained by
1995 Wis. Act 201. Corrective legislation is pending.
59.70(13)(c)4.
4. Employ and fix the duties and compensation of a full-time or part-time business administrator, who shall administer the business affairs of the commission and who shall keep an account of all receipts and disbursements by date, source and amount.
59.70(14)
(14) Adverse interest of commissioners. No commissioner may have any personal or financial interest in any contract made by the commission. Any violation of this subsection resulting in a conviction shall void the contract, and shall disqualify the commissioner convicted of the violation from membership on the commission.
59.70(15)
(15) Financing. On or before October 1 of each year, the commission shall require each county within the mosquito control district to contribute an amount per resident of the county to carry out the purposes of
subs. (12) to
(16). The commission shall determine the amount to charge per resident. The commission shall certify in writing to the clerk of each county participating in the mosquito control district, the total amount of the county's contribution to the mosquito control district.
59.70(16)(a)1.1. A county may terminate its participation in the district upon a majority vote of the board and 12 months' notice to the chairperson of the commission. If a county terminates its participation in the district, a board of appraisers as established in
subd. 2. shall appraise the property of the commission.
59.70(16)(a)2.
2. The board of appraisers shall consist of 3 members, one who is appointed by the terminating county, one by the commission and one by the other 2 members of the appraisal board. If the 2 appraisers cannot agree on the appointment of the 3rd appraiser within 30 days, the commission may appoint the 3rd appraiser. The commission shall pay to the treasurer of the terminating county an amount equal to that county's share in the net assets of the commission, proportionate to the county's financial contribution to the mosquito control district. The terminating county shall remain liable for its allocated share of the contractual obligations of the mosquito control district.
59.70(16)(b)
(b) If the district dissolves, the commission shall sell all of its property. The proceeds of the sale remaining after payment of all debts, obligations and liabilities of the district, plus any balance in the fund, shall be divided and paid to the treasurers of the member counties in proportion to each county's financial contribution to the district. Member counties shall remain liable for unpaid debts after the dissolution of the district.
59.70(17)
(17) Worms, insects, weeds, animal diseases, appropriation. 59.70(17)(a)(a) The board may appropriate money for the control of insect and worm pests, weeds, or plant or animal diseases within the county, and select from its members a committee which, upon advice from the county agent that an emergency exists because of the destruction which is being or may be wrought to farmlands, livestock or crops in the county by any such pests, may take steps necessary to suppress and control such pests. The clerk shall within 10 days notify the department of agriculture, trade and consumer protection of such appropriation and of the members of such committee. The state entomologist and said department shall cooperate with such committee in the execution of measures necessary for the suppression and control of such pests.
59.70(17)(b)
(b) When such an emergency exists the committee may draw on the contingent fund, if available, an amount not to exceed $5,000 which shall be disbursed upon certification of the committee for the purposes specified in
par. (a) as they relate to worm or insect pests; the treasurer shall pay the amounts so certified. No disbursement shall be made by the committee unless the owner of the premises affected has requested the committee to take steps to suppress or control the pests or when steps have been undertaken by another authority.
59.70(18)
(18) Land clearing and weed control. The board may purchase or accept by gift or grant tractors, bulldozers and other equipment for clearing and draining land and controlling weeds on same, and for such purposes to operate or lease the same for work on private lands. The board may charge fees for such service and for rental of such equipment on a cost basis.
59.70(19)
(19) Land conservation committee. Each board shall create a land conservation committee.
59.70(20)(a)(a) Soil and water conservation. Each board is responsible for developing and implementing a soil and water conservation program, that is specified under
ch. 92, through its land conservation committee.
59.70(20)(b)
(b) Committee powers and duties. The land conservation committee created by the board has the powers and duties that are specified for that committee under
ch. 92.
59.70(20)(c)
(c) Appropriation of funds. The board may appropriate funds for soil and water conservation and for other purposes that relate to land conservation.
59.70(20)(d)
(d) Land use and land management. The board may enact ordinances under
s. 92.11 that regulate land use and land management practices to promote soil and water conservation.
59.70(21)
(21) Conservation congress. The board may appropriate money to defray the expenses of county delegates to the annual convention and other activities of the Wisconsin conservation congress.
59.70(22)
(22) Billboard regulation. The board may regulate, by ordinance, the maintenance and construction of billboards and other similar structures on premises abutting on highways maintained by the county so as to promote the safety of public travel thereon. Such ordinances shall not apply within cities, villages and towns which have enacted ordinances regulating the same subject matter.
59.70(23)
(23) County natural beauty councils. The board may create a county natural beauty council as a committee of the board, composed of such board members, public members and governmental personnel as the board designates. The council shall advise governmental bodies and citizens in the county on matters affecting the preservation and enhancement of the county's natural beauty, and aid and facilitate the aims and objectives of the natural beauty council.
59.70(24)
(24) Lime to farmers. The board may manufacture agricultural lime and sell and distribute it at cost to farmers and may acquire lands for such purposes.
59.70 History
History: 1995 a. 201 ss.
108,
109,
133,
150,
161,
163,
172,
214 to
216,
218 to
221,
437 to
442,
438,
449 to
451,
455,
456;
1995 a. 227; s. 13.93 (2) (c).
59.70 Annotation
Authority of a county to enact and enforce a minimum standards housing code discussed. 59 Atty. Gen. 248.
59.70 Annotation
Section 59.07 (49) [now s. 59.70 (22)] authorizes billboard regulations relating solely to highway safety. 61 Atty. Gen. 191.
59.70 Annotation
County board's power to delegate authority concerning property transactions to its committees discussed.
74 Atty. Gen. 227.
59.70 Annotation
Board established under s. 59.07 (135) [now s. 59.70 (2)] is restricted to performing advisory, policy-making or legislative functions.
77 Atty. Gen. 98.
59.70 Annotation
Section 59.07 (135) (L) [now 59.70 (2) (L)] authorizes counties which are "responsible units of government" under 159.01 to levy taxes for capital and operating expenses incurred in the operation of the county's recycling program only upon local governments which are not "responsible units of government". Counties may levy taxes for both operating and capital expenses incurred in connection with any other form of solid waste management activity only on local governments participating in that activity.
80 Atty. Gen. 312.
59.71
59.71
Special counties; record keeping. 59.71(1)
(1) In this section, "eminent domain proceedings" means the laying out, widening, extending or vacating of any street, alley, water channel, park, highway or other public place by any court, legislature, county board, common council, village board or town board.
59.71(2)
(2) When the county board of a county having a population of 250,000 or more, according to the last state or United States census, prepares and compiles in book form an eminent domain record containing an abstract of facts relating to eminent domain proceedings and makes an order that the record, with an index thereto, be thereafter maintained and kept up, and provides a suitable book for that purpose, the register of deeds shall thereafter maintain and keep up the record and index.
59.71(3)
(3) The register of deeds shall enter an abstract of all eminent domain proceedings in the record maintained under
sub. (2). The abstract shall substantially contain the facts as to the filing of a notice of lis pendens, the date of filing, the description, the court in which or the body before whom the proceeding is pending, the result of the proceedings, the action taken and the date thereof and briefly state all of the essential facts of the proceeding. The index to the record shall be a practical index, with reference to the number and page of the volume where such abstracts are entered respectively.
59.71(4)
(4) The abstracts and records to be kept by the register of deeds shall be certified by the register to be true and correct and when so certified shall be prima facie evidence of the facts therein recited and shall be received in all courts and places with the same effect as the original proceedings; and the record so prepared and compiled by the county board shall be prima facie evidence of the facts therein recited and shall also be received in all courts and places with the same effect as the original proceedings.
59.71 Note
NOTE: This section is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
59.71 History
History: 1991 a. 316;
1995 a. 201 s.
371; Stats. 1995 s. 59.71;
1995 a. 225 s.
161; s. 13.93 (2) (c).
59.72
59.72
Land information. 59.72(1)(1)
Definitions. In this section:
59.72(1)(c)
(c) "Local governmental unit" means a municipality, regional planning commission, special purpose district or local governmental association, authority, board, commission, department, independent agency, institution or office.
59.72(3)
(3) Land information office. The board may establish a county land information office or may direct that the functions and duties of the office be performed by an existing department, board, commission, agency, institution, authority or office. The county land information office shall:
59.72(3)(a)
(a) Coordinate land information projects within the county, between the county and local governmental units, between the state and local governmental units and among local governmental units, the federal government and the private sector.
59.72(3)(b)
(b) Within 2 years after the land information office is established, develop and receive approval for a countywide plan for land records modernization. The plan shall be submitted for approval to the land information board under
s. 16.967 (3) (e).
59.72(3)(c)
(c) Review and recommend projects from local governmental units for grants from the land information board under
s. 16.967 (7).
59.72(4)
(4) Aid to counties. A board that has established a land information office under
sub. (3) may apply to the land information board for a grant for a land information project under
s. 16.967 (7).
59.72(5)
(5) Land record modernization funding. 59.72(5)(a)(a) Before the 16th day of each month a register of deeds shall submit to the land information board $6 from the fee for recording the first page of each instrument that is recorded under
s. 59.43 (2) (ag) 1. and
(e), less any amount retained by the county under
par. (b).
59.72(5)(b)
(b) A county may retain $4 of the $6 submitted under
par. (a) from the fee for recording the first page of each instrument that is recorded under
s. 59.43 (2) (ag) 1. and
(e) if all of the following conditions are met:
59.72(5)(b)1.
1. The county has established a land information office under
sub. (3).
59.72(5)(b)2.
2. A land information office has been established for less than 2 years or has received approval for a countywide plan for land records modernization under
sub. (3) (b).
59.72(5)(b)3.
3. The county uses the fees retained under this paragraph to develop, implement and maintain the countywide plan for land records modernization.
59.72 History
History: 1989 a. 31,
339;
1995 a. 201 s.
457; Stats. 1995 s. 59.72.
59.73
59.73
Surveys; expressing bearings, subdividing sections. 59.73(1)(1)
How bearings expressed in surveys. In all surveys the bearings shall be expressed with reference to a magnetic, true or other identifiable line of the public land survey, recorded subdivision or to the Wisconsin coordinate system. In all cases the reference selected shall be so noted as set forth in
s. 59.45 (1) (a) 2. and if magnetic must be retraceable and identifiable by reference to a monumented line.
59.73(2)
(2) Subdividing sections. Whenever a surveyor is required to subdivide a section or smaller subdivision of land established by the United States survey, the surveyor shall proceed according to the statutes of the United States and the rules and regulations made by the secretary of the interior in conformity to the federal statutes. While so engaged a surveyor and the surveyor's assistants shall not be liable as a trespasser and shall be liable only for any actual damage done to land or property.
59.73 History
History: 1995 a. 201 ss.
393,
394,
421.
59.73 Annotation
Resurveys of public lands discussed. United States v. Citko, 517 F Supp. 233 (1981).
59.74
59.74
Perpetuation of section corners, landmarks. 59.74(1)(1)
Relocation and perpetuation of section corners and division lines. 59.74(1)(a)(a) If a majority of all the resident landowners in any section of land within this state desire to establish, relocate or perpetuate any section or other corner of any section, or in the same section a division line of the section, they may make a formal application in writing to the circuit judge for the county in which the land is situated. The circuit judge shall file the application in his or her court and shall within a reasonable time give at least 10 days' notice in writing to the owners of all adjoining lands, if those owners reside in the county where the land is situated and if not, by publication of a class 3 notice, under
ch. 985, stating the day and hour when the circuit judge will consider and pass upon such application. The circuit judge shall hear all interested parties and approve or reject the application at that time. If the application is approved, the clerk shall notify the county surveyor who shall within a reasonable time proceed to make the required survey and location. If a corner is to be perpetuated, the surveyor shall deposit in the proper place a stone or other equally durable material of the dimensions and in the manner and with the markings provided under
s. 60.84 (3) (c), and shall also erect witness monuments as provided under
sub. (2). The surveyor shall be paid the cost of the perpetuation from the general fund of the county.
59.74(1)(b)
(b) All expense and cost of the publication of the notice and of the survey and perpetuation shall be apportioned by the clerk among the several parcels of land in the section upon the basis of the area surveyed, shall be included by the clerk in the next tax roll and shall be collected in the same manner as other taxes are collected.
59.74(2)(a)1.1. No landmark, monument, corner post of the government survey or survey made by the county surveyor or survey of public record may be destroyed, removed, or covered by any material that will make the landmark, monument, or corner post inaccessible for use, without first having erected witness or reference monuments as provided in
subd. 2. for the purpose of identifying the location of the landmark and making a certified copy of the field notes of the survey setting forth all the particulars of the location of the landmark with relation to the reference or witness monuments so that its location can be determined after its destruction or removal. The certified copy of the field notes shall be filed as provided under
par. (b) 2.
59.74(2)(a)2.
2. Witness monuments shall be made of durable material, including cement, natural stone, iron or other equally durable material, except wood. If iron pipe monuments are used, they shall be made of 2 inch or more galvanized iron pipe not less than 30 inches in length having an iron or brass cap fastened to the top and marked with a cross cut on the top of the cap where the point of measurement is taken. If witness monuments are made of cement, stone or similar material, they shall be not less than 30 inches in length nor less than 5 inches in diameter along the shortest diagonal marked on the top with a cross where the point of measurement is taken.
59.74(2)(b)1.1. Whenever it becomes necessary to destroy, remove or cover up in such a way that will make it inaccessible for use, any landmark, monument of survey, or corner post within the meaning of this subsection, the person including employes of governmental agencies who intend to commit such act shall serve written notice at least 30 days prior to the act upon the county surveyor of the county within which the landmark is located. Notice shall also be served upon the municipality's engineer if the landmark is located within the corporate limits of a municipality. The notice shall include a description of the landmark, monument of survey or corner post and the reason for removing or covering it. In this paragraph, removal of a landmark includes the removal of railroad track by the owner of the track. In a county having a population of less than 500,000 where there is no county surveyor, notice shall be served upon the clerk. In a county with a population of 500,000 or more where there is no county surveyor, notice shall be served upon the executive director of the regional planning commission which acts in the capacity of county surveyor for the county. Notwithstanding
par. (c), upon receipt of the notice the clerk shall appoint a registered land surveyor to perform the duties of a county surveyor under
subd. 2.
59.74(2)(b)2.
2. The county surveyor or executive director of the regional planning commission, upon receipt of notice under
subd. 1., shall within a period of not to exceed 30 working days, either personally or by a deputy, or by the municipality's engineer make an inspection of the landmark, and, if he or she considers it necessary because of the public interest to erect witness monuments to the landmark, he or she shall erect 4 or more witness monuments or, if within a municipality, may make 2 or more offset marks at places near the landmark where they will not be disturbed. The county surveyor shall make a survey and field notes giving a description of the landmark and the witness monuments or offset marks, stating the material and size of the witness monuments and locating the offset marks, the horizontal distance and courses in terms of the references set forth in
s. 59.45 (1) (a) 2. that the witness monuments bear from the landmark and, also, of each witness monument to all of the other witness monuments. The county surveyor may also make notes as to such other objects, natural or artificial, that will enable anyone to locate the position of the landmark. The county surveyor upon completing the survey shall make a certified copy of the field notes of the survey and record it as provided under
s. 59.45 (1). The municipality's engineer upon completing the survey shall record the notes in his or her office, open to the inspection of the public, and shall file a true and correct copy with the county surveyor. In a county with a population of 500,000 or more, the certified copy of the field notes of the survey shall be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.
59.74(2)(c)
(c) In those counties where there are no county surveyors a petition can be made to the board by any resident of this state requesting the board to appoint a land surveyor to act in the capacity of the county surveyor. The board, upon receipt of this petition, shall appoint a land surveyor to act in the capacity of the county surveyor. In counties with a population of 500,000 or more, the board may appoint a governmental agency to act in the capacity of county surveyor.
59.74(2)(d)
(d) The cost of the work of perpetuating the evidence of any landmark under the scope of this subsection shall be borne by the county or counties proportionally, in which said landmark is located.
59.74(2)(e)1.1. Except as provided in
subd. 2., any person who removes, destroys or makes inaccessible any landmark, monument of survey, corner post of government survey, survey made by the county surveyor or survey of public record without first complying with this subsection shall be fined not to exceed $1,000 or imprisoned in the county jail for not more than one year.
59.74(2)(e)2.
2. Any person who removes railroad track as provided in
par. (b) 1. without first complying with
par. (b) 1. shall be subject to a forfeiture not to exceed $1,000.
59.74(2)(f)
(f) Any person who destroys, removes or covers any landmark, monument or corner post rendering them inaccessible for use, without first complying with
pars. (a) 1. and
(b) 1. shall be liable in damages to the county in which the landmark is located, for the amount of any additional expense incurred by the county because of such destruction, removal or covering.
59.74(2)(g)
(g) Every land surveyor and every officer of the department of natural resources and the district attorney shall enforce this subsection.
59.74(2)(h)
(h) Any registered land surveyor employed by the department of transportation or by a county highway department, may, incident to employment as such, assume and perform the duties and act in the capacity of the county surveyor under this subsection with respect to preservation and perpetuation of landmarks, witness monuments and corner posts upon and along state trunk, county trunk and town highways. Upon completing a survey and perpetuating landmarks and witness monuments under
par. (b) 2., a land surveyor employed by the state shall file the field notes and records in the district office or main office of the department of transportation, and a land surveyor employed by a county shall file the field notes and records in the office of the county highway commissioner, open to inspection by the public, and in either case a true and correct copy of the field notes and records shall be filed with the county surveyor. In a county with a population of 500,000 or more where there is no county surveyor, a copy of the field notes and records shall also be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.
59.74(2)(i)
(i) The records of the corners of the public land survey may be established and perpetuated in the following manner: commencing on January 1, 1970, and in each calendar year thereafter, the county surveyor or a deputy may check and establish or reestablish and reference at least 5% of all corners originally established in the county by government surveyors, so that within 20 years or less all the original corners will be established or reestablished and thereafter perpetuated.
59.74(2)(j)
(j) The county surveyor may employ other land surveyors to assist in this work and may accept reference checks for these corners from any land surveyor.
59.74(2)(k)
(k) The cost of perpetuating these corners shall be paid out of the county road and bridge fund or other county fund under
s. 83.11.
