24.15
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 by law to the person first making application therefor, if the person forthwith complies with the term of sale; but if 2 or more persons shall apply at the same time to purchase any of such lands the same shall be offered to the highest bidder, and the applicant who will pay the highest price shall be the purchaser.
24.15 History
History: 1991 a. 316.
24.16
24.16
Applications for private sale. Every person making application for the purchase at private sale of any such lands shall file in the office of the board an application in writing, describing the lot or tract which 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. The board shall, if the land applied for may then be sold, enter on books kept for that purpose a note of such application, specifying the day when made, the name of the applicant, and the description of the land applied for, and shall also give to such applicant a memorandum, stating such application and describing the lot or tract applied for, and stating the price at which the same 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.
24.16 History
History: 1991 a. 316;
1993 a. 16.
24.17
24.17
Receipt and certificate. 24.17(1)
(1) When the purchaser of any such lands shall make payment to the treasurer of the amount required to be paid on such sale, and, in case of a private sale, shall also produce the memorandum mentioned in
s. 24.16, the treasurer shall give a receipt therefor to such purchaser, and unless such sale be made wholly for cash the board shall execute and deliver to such person a duplicate certificate of sale, in which it shall certify:
24.17(1)(b)
(b) The sum paid and the amount remaining due thereon;
24.17(1)(c)
(c) The times, place and terms of payments;
24.17(1)(d)
(d) That if such payments shall be duly made the purchaser or the purchaser's assigns or other legal representatives shall be entitled to a patent for such land;
24.17(1)(e)
(e) And that in case of the nonpayment into the state treasury of the purchase money as it shall become due, or of the interest thereon by the first day of February in each year or on or before the June 30th thereafter, or of any taxes lawfully assessed thereon 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.
24.17(2)
(2) When the sale is wholly for cash, upon payment as above provided, the treasurer shall thereupon give to such purchaser a receipt stating the amount paid and giving a description of the lot or tract of land sold and that such purchaser is entitled to receive a patent according to law.
24.17 History
History: 1991 a. 316.
24.18
24.18
Entry of sale and patent. When any sale is made the board shall make a note thereof in the book of entries, and shall enter therein 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 sale be made wholly for cash it shall thereupon execute and deliver to the purchaser a patent for such lot or tract of land so sold. If sold at public auction it shall note that fact.
24.19
24.19
Certificate of sale. All original and duplicate certificates shall be properly numbered, and the original shall be filed in the office of the board, and 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 shall be included in one certificate or one patent, as the case may be. All certificates may be acknowledged and recorded in the same manner that deeds may be. They may also be assigned in writing, which assignment may be acknowledged and recorded in like manner, and the person to whom the same shall be legally assigned shall have the same rights and remedies thereupon as the original purchaser would have had.
24.19 History
History: 1991 a. 316.
24.20
24.20
Payments and accounts. All money paid on account of sales of public lands shall be paid to the state treasurer who shall credit the proper fund therewith, crediting the general fund with the proceeds of sales of Marathon county lands, and the secretary of administration or the secretary's designee, upon countersigning the receipt given therefor, shall charge the treasurer therewith, and shall also enter the name of the person paying the same, the number of the certificate, if any, upon which the amount shall be paid and the time of the payment.
24.20 History
History: 1991 a. 316.
24.21
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 sold, either at public or private sale, in books kept for that purpose, in which it 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 due, and for all taxes returned to it as unpaid by the proper officer; and upon all payments being completed and the patent issued the account shall be balanced.
24.21 History
History: 1991 a. 316.
24.22
24.22
Excessive payments to be refunded. Whenever full payment of the principal due upon any certificate of sale by the state shall be made subsequent to the payment of the annual interest thereon, the excess of the interest so paid shall be refunded to the person entitled thereto from the proper fund, on the warrant of the department of administration; and in case 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.
24.23
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 patent shall issue except upon full payment of the purchase money and interest and all taxes returned and lawful charges thereon.
24.24
24.24
Effect of certificate. 24.24(1)
(1) The certificate of sale, issued pursuant to
s. 24.17, until the same becomes void by forfeiture under
s. 24.28, shall entitle the purchaser, the purchaser's heirs or assigns, to all the rents, benefits and provisions of any lease existing thereon at the time of such purchase and thereafter accruing, and shall be sufficient evidence of title, and shall vest in the purchaser, the purchaser's heirs and assigns, the same rights of possession, enjoyment, descent, transmission and alienation of the lands therein described, and the same remedies for the protection of said rights, as against all persons except the state, that the purchaser would possess if the purchaser were the owner thereof in fee.
24.24(2)
(2) No such certificate shall confer the right to cut down, destroy or dig up or carry off any standing wood or timber, or any mineral, without the written consent of said board, except that such wood or timber may be cut when to be used, and it shall be exclusively used, in the erection of fences or buildings on such lands, or for necessary firewood for the household use of the persons actually occupying the same, or when done in good faith for the actual and fair improvement of such land for cultivation.
24.24(3)
(3) But no such cutting shall be deemed to have been done for the purposes of cultivation unless the entire surface from which such wood and timber is cut shall have been at the time further prepared therefor 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 wood, timber or mineral otherwise cut, dug out or removed from any such land shall be and remain the property of the state.
24.24 History
History: 1991 a. 316.
24.25
24.25
Patent and record thereof. Whenever full payment shall have been made for any such lands as required by law, and the purchaser or the purchaser's legal representatives shall produce to the board the duplicate certificate of sale, with the receipt of the state treasurer indorsed thereon, showing that the whole amount of the principal and interest due thereon has been paid and that the holder of such certificate is entitled to a patent for the lands described therein, the original and duplicate certificates shall be canceled, and the board shall thereupon execute and deliver a patent to the person entitled thereto for the land described in such certificate. All patents issued by the board shall be recorded in its office; and the record of patents heretofore issued by it is hereby declared a legal record. Purchasers may, at any time before due, pay any part or the whole of such purchase money and the interest thereon. In all cases where patents have been or may hereafter be issued to a person who may have died or who shall die before the date thereof, the title to the land described therein shall inure to and become vested in the heirs, devisees or assignees of such person to the same extent as if the patent had issued to that person during that person's lifetime.
24.25 History
History: 1991 a. 316.
24.251
24.251
Patents, issuance; county may record. Whenever it shall appear 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 patents to be recorded in the county and pay the cost of such recording.
24.26
24.26
Patentee's rights. Except as provided otherwise by
s. 24.11 any person, the person's heirs or assigns, who shall receive a patent pursuant to law for any public lands shall thereby acquire the right to all timber, lumber, trees, wood, bark, stone, earth, and other materials cut, dug, taken or removed therefrom before the issue of such patent, unless the same shall have been cut, dug, taken or removed by the assent of said board or sold by the state, and may maintain any proper action for the recovery thereof, or for any injury done to or trespass committed upon said lands before such patent shall have been issued, in the same manner and with the like effect, and the person shall be entitled to like damages as if such injury or trespass had been committed after the patent had issued.
24.26 History
History: 1991 a. 316.
24.27
24.27
Purchase money a loan. The purchaser of public lands, when the balance of the purchase money becomes due, may retain the same as a loan from year to year on payment annually in advance, or on or before May 31, of the interest on the sum due, at the rate of interest specified in the certificate of sale, and the taxes annually assessed on the land described in the certificate, until required to pay the whole or part by the board or until the legislature shall otherwise direct.
24.27 History
History: 1981 c. 169;
1983 a. 423.
24.28
24.28
Forfeiture. In the case of the nonpayment of interest when due according to the terms of the certificate of sale, or of any taxes which before said annual interest is paid shall have been returned to the board of commissioners of public lands by the county treasurer as due and unpaid upon such land, or of the principal 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 the board may take immediate possession thereof and may resell the same as hereinafter provided.
24.28 History
History: 1991 a. 316.
24.29
24.29
Redemption. At any time before the 5 days next preceding the reoffering of such land at public sale, the former purchaser or the former purchaser's assigns or legal representatives may, by the payment of the sum due with interest, and all taxes returned thereon to the state treasurer which are still unpaid, and all costs occasioned by the delay, together with 3% damages on the whole sum owing for such land, prevent such resale and revive the original contract.
24.29 History
History: 1991 a. 316.
24.30
24.30
Liability of former purchaser. In case of such forfeiture the former purchaser of such land shall be liable for any waste or unnecessary injury which the former purchaser may have done to the same, or to the timber or mineral thereon; and any action therefor may be prosecuted by the board in the name of the state.
24.30 History
History: 1991 a. 316.
24.31
24.31
Advertisement and resale of forfeited lands. Whenever any public lands have been forfeited for the nonpayment of either principal, interest or taxes, and have remained forfeited for 3 months, the board shall first cause such lands to be appraised as provided by
s. 24.08 and shall thereupon advertise such land for sale as provided by
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 sale 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 sale will be held and the county in which such lands are situated, but omitting any description of such lands; the last insertion of the notice shall be at least one week previous to the time of commencing such sale.
24.32
24.32
Resale and redemption. 24.32(1)
(1) Unless such resale be prevented by payment as hereinbefore provided by
s. 24.29, such 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 not then sold shall be subject to private entry thereafter.
24.32(2)
(2) Every such tract may be redeemed by the former purchaser thereof, the former purchaser's assigns or legal representatives at any time before the June 30th next following the date of such resale, upon presenting to the board satisfactory proof, which shall be filed and preserved by it, that such tract was, at the time of resale, in whole or in part under cultivation or adjoining a tract partly cultivated, belonging to the former purchaser, the former purchaser's assigns or legal representatives and used in connection therewith, and upon depositing with the state treasurer, for the use of the purchaser at such resale the amount paid by the purchaser for such land, together with 25% of the amount of such taxes, interest and costs in addition thereto; and every certificate issued upon any such resale shall be subject to the right of redemption whether it be expressed in such certificate or not. And no patent shall be issued on any such resale until the expiration of such redemption period.
24.32(3)
(3) Upon such redemption the board shall cancel such certificate, and shall make and deliver to the party so redeeming a certificate thereof, and shall also record the same in a book to be kept in its office for that purpose.
24.32 History
History: 1991 a. 316.
24.33
24.33
Resale may be canceled. Whenever any land has been so forfeited and resold, within 3 months thereafter, upon proof that there are valuable improvements thereon and that such forfeiture was occasioned by the death of the holder of the first certificate, or the neglect of that person's executor or administrator, and payment to the treasurer of the amount actually due on such first certificate at the time of such resale, with interest, costs and charges, with interest on the amount for which such land was sold at the rate of 10% per year, the board, by its order in writing, duly recorded, of which a copy shall be forthwith served on the last purchaser, may avoid and cancel such resale and restore and revive such first certificate. Thereafter there shall be paid out of the state treasury to the last purchaser the amount paid by the last purchaser and the said interest thereon collected of such person so redeeming, on surrender of the certificate, receipt or patent given the last purchaser at such resale.
24.33 History
History: 1979 c. 110 s.
60 (13);
1991 a. 316.
24.34
24.34
Void sales. In case of the sale of any public lands made by mistake, or not in accordance with law, or obtained by fraud, and in cases where the state had no title to such lands, or its title has failed, such sale shall be void and no contract, certificate of purchase or patent issued thereon 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 proof as shall satisfy it of the facts. Thereupon it 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 from the time of each such payment, at the rate of 6% 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 no money shall be paid to any person participating in any such fraud.
24.34 History
History: 1979 c. 110 s.
60 (13);
1991 a. 316.
24.341
24.341
Offset to refund on void sales. Whenever any claim shall be made 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 land, property removed therefrom and the damage or injury thereto by such 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 lands by said 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 claimant with interest over such offset.
24.35
24.35
Annulment of certificates and patents. Whenever the board shall have 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 the state had no title to the lands, or its title has failed, it may, upon the written application of the purchaser, or the purchaser's successor in interest revoke and annul such certificate or patent by its order, which with such application, shall be filed and recorded in its office. A certified copy of such order may be recorded in the office of the register of deeds for the county where such lands lie, and thereupon such certificate or patent shall be absolutely null and void. When such 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.
24.35 History
History: 1991 a. 316.
24.355
24.355
Limitation of actions. All claims under
s. 24.34 or
24.35 shall become barred, unless application therefor be made within 5 years from the time of such payment, or, in cases where the state never had title, from the time when the invalidity of the title of the state was established.
24.36
24.36
Lost certificates and patents. Whenever any duplicate certificate of sale shall have been lost or destroyed before the patent shall issue, or whenever any patent shall have been lost or destroyed the board, upon satisfactory proof of the fact by affidavit to be filed with it, may issue a certified copy of the original certificate of sale or of the record in its office of such patent, or a quitclaim deed in place of such patent, to the person entitled thereto, which shall have the same force and effect as the original duplicate certificate or patent. Its certificate to such copy and quitclaim deed shall recite the loss or destruction of the original.
24.37
24.37
Ejectment. If any person shall hold or continue 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 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 lands with damages for the detention of the same.
24.37 History
History: 1991 a. 316.
24.38
24.38
Boundaries. The lines, boundaries and descriptions of the swamp lands as exhibited by the plats and field notes of the United States survey are adopted and shall be deemed conclusively to be the true lines, boundaries and descriptions thereof.
24.39(1)(1) The board of commissioners of public lands may grant leases of parts or parcels of any public lands except state park lands and state forest lands; grant easements, leases to enter upon any of said lands to flow the same or to prospect for and to dig and remove therefrom ore, minerals and other deposits, and sell therefrom such timber as the board shall find necessary to prevent future loss or damage. All sales of standing live timber shall be on a selective cutting basis in line with federal forest practices. Such easements, leases, licenses and sales shall be made only for a full and fair consideration paid or to be paid to the state, the amount and terms whereof shall be fixed by said board, and such easements, leases, licenses and sales shall conform to the requirements, so far as applicable, prescribed by
ch. 26 for the exercise by the department of natural resources of similar powers affecting state park lands and state forest lands.
24.39(2)
(2) In negotiating for such leases, licenses or sales, and in exercising the other powers conferred by this section the board of commissioners of public lands shall, so far as it finds it desirable and practicable, request and make proper use of such services and information as the department of natural resources may be able to furnish.
24.39(3)
(3) All moneys received by the board from the leasing of land under the U.S. flood control act of 1954 and subsequent amendments thereto, shall be paid into the general fund of the state within one week and are appropriated therefrom to the board to be paid to the county clerk of the county in which the leased land is located for the benefit of the general fund of such county within 30 days of its receipt by the board.
24.39(4)(a)(a) Subject to
pars. (c) and
(d) the board of commissioners of public lands may:
24.39(4)(a)1.
1. Lease to riparian owners rights to the beds of lakes and rights to fill in beds of lakes or navigable streams, held by the state in trust for the public, when the purpose of the lease is for the improvement of navigation or for the improvement or construction of harbor facilities as defined in
s. 30.01; and
24.39(4)(a)2.
2. Lease such rights to municipalities as defined in
s. 30.01 and in locations where the municipality is the riparian owner, when the purpose of the lease is for the improvement or provision of recreational facilities related to navigation for public use.
24.39(4)(b)
(b) All revenues from such leases shall be paid into the general fund.
24.39(4)(c)
(c) No leases under
par. (a) may be executed without a prior finding of the department of natural resources under
s. 30.11 (5) that any proposed physical change in the area contemplated as the result of the execution of any term lease is consistent with the public interest in the navigable waters involved.
24.39(4)(d)
(d) This subsection applies only to Lake Michigan and Lake Superior, the Mississippi and St. Croix rivers, the Fox river from Green Bay upstream to the point where it meets the Wolf river, and to the segments of all other bodies of water in which the U.S. Army Corps of Engineers provides and maintains commercial navigation channels.
24.39(4)(e)
(e) Such lease shall be for a term not to exceed 50 years, and shall include therein any and all conditions and terms the board of commissioners of public lands believes to be necessary in the public interest. A lessee or the lessee's heirs, successors or assigns of a lease which has reached the end of its term shall have first opportunity to contract with the board of commissioners of public lands for a new lease.
24.39(4)(f)
(f) A municipality may sublease rights leased to it under
par. (a) 1. or
2. to corporations or private persons. A municipality may also make physical improvements on and above the bottoms to which rights were leased from the board of commissioners of public lands and may sublease these improvements to corporations or private persons. Any subleases under this paragraph shall be consistent with this subsection and with whatever standards or restrictions the department of natural resources, acting under
s. 30.11 (5), may have found at the time of execution of the original lease by the board of commissioners of public lands to the municipality.
24.39(4)(g)
(g) The lease may be terminated for nonuse or for a nonconforming use any time after 5 years from date of issue, or such shorter period of time as may be specified in the lease. It may also be terminated for any other ground recognized at law for termination of a lease.
24.39(4)(h)
(h) All rights to submerged lands and rights above submerged lands ceded, granted or leased to municipalities, or other persons by prior acts of the state [1961] shall not be affected by this subsection or by
s. 30.11 (5).
24.39(4)(i)
(i) All leases entered into by the board of commissioners of public lands under this subsection and
s. 30.11 shall be deemed to be subject to this section and any other applicable laws of this state or of the United States.
24.39 History
History: 1981 c. 390;
1991 a. 316.
24.40
24.40
Easements; annexation. 24.40(1)
(1) Every board, commission, department and agency of the state having real estate belonging to the state under its control may grant easements in said property for public utility service through, over, along or to said property, including without limitation by enumeration the necessary poles, wires, structures, lines, conduits, pipes or pipe lines for heat, light, water, gas, sewer, power, telecommunications, telegraph and transmission of messages.
24.40(2)
(2) Every such board, commission, department and agency may petition or join in a petition for and on behalf of the state as the owner of such property to annex or detach the same or any part or parts thereof to or from an adjoining municipality.
24.40 History
History: 1985 a. 297 s.
76.
24.51 History
History: 1979 c. 34 s.
699g; Stats. 1979 s. 24.51;
1983 a. 192.
24.52
24.52
Jurisdiction. Together with the power and duty of selling the school and university lands and investing the funds arising therefrom, prescribed for the board by
article X, section 7, of the constitution, it is invested with power to dispose of all other public lands and all interests in lands held by the state for sale, and with such further powers as may be necessary or convenient to enable it to exercise the functions and perform the duties imposed upon it by law.
24.52 History
History: 1979 c. 34 s.
699g; Stats. 1979 s. 24.52;
1983 a. 192.
24.53
24.53
Investigate land claims; deduct expenses. The board of commissioners of public lands shall investigate the rights of the state to school lands, normal school lands, university lands and agricultural college lands. The expenses incurred in making these investigations and taking necessary steps to protect common school lands, normal school lands, university lands and agricultural college lands and timber on those lands, as well as the expense of necessary surveys, records, appraisals and sales, upon the approval of the board, shall be deducted from the gross receipts of the fund to which the proceeds from the sale of the land or timber will be added.
24.53 History
History: 1979 c. 34 s.
699g; Stats. 1979 s. 24.53.
24.54
24.54
Records; copies as evidence. 24.54(1)
(1) The department of administration shall provide an office for the board. The board shall conveniently arrange and preserve in that office all records, books, reports, surveys, maps, field notes, plats and other papers pertaining to the public lands owned by the state, including all public lands that have been or shall be received from the United States or any officer of the United States. The board may perfect the records, books, reports, surveys, maps, field notes, plats and other papers when incomplete, and cause copies of those documents to be made when from injury, loss, use or accident it shall become necessary. Any copy, when certified to be a correct copy by the executive secretary of the board under the executive secretary's signature and the official seal of the office to have been made for any of the causes specified in this subsection, shall have the same force and effect in all courts and places as the original. Any copy from the original records, books, reports, surveys, maps, field notes, plats or other papers, or from any record or paper required by law to be kept in the office, or any copy from a certified copy of one of those documents, when certified by the executive secretary of the board or any member of the board of commissioners of public lands under the official seal of the board, shall be received in evidence with the same effect as the original.
24.54(2)
(2) All records, books and files kept by the board shall at all business hours be open, under proper regulations made by it, to the inspection of any person, free of charge. The board also may in like manner make, perfect, and complete proper records, books, reports and other papers pertaining to the lands of which the state has been or is trustee for the United States.
24.54 History
History: 1979 c. 34 s.
699g;
1979 c. 176; Stats. 1979 s. 24.54;
1989 a. 31;
1993 a. 16.
