59.71 History
History: 1991 a. 316;
1995 a. 201 s.
371; Stats. 1995 s. 59.71;
1995 a. 225 s.
161;
1997 a. 35.
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. If the board establishes a county land information office, the 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 $7 from the fee for recording or filing the first page of each instrument that is recorded or filed under
s. 59.43 (2) (ag) 1. or
(e), less any amount retained by the county under
par. (b).
59.72(5)(b)
(b) A county may retain $5 of the $7 submitted under
par. (a) from the fee for recording or filing the first page of each instrument that is recorded or filed under
s. 59.43 (2) (ag) 1. or
(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 $4 of each $5 fee retained under this paragraph to develop, implement, and maintain the countywide plan for land records modernization, and $1 of each $5 fee retained under this paragraph to develop and maintain a computerized indexing of the county's land information records relating to housing, including the housing element of the county's land use plan under
s. 66.1001 (2) (b), in a manner that would allow for greater public access through use of the Internet.
Effective date text
59.72 Land information. (1) Definitions. In this section:
Effective date text
(a) "Land information" means any physical, legal, economic or environmental information or characteristics concerning land, water, groundwater, subsurface resources or air in this state. "Land information" includes information relating to topography, soil, soil erosion, geology, minerals, vegetation, land cover, wildlife, associated natural resources, land ownership, land use, land use controls and restriction, jurisdictional boundaries, tax assessment, land value, land survey records and references, geodetic control networks, aerial photographs, maps, planimetric data, remote sensing data, historic and prehistoric sites and economic projections.
Effective date text
(b) "Land records" means maps, documents, computer files and any other storage medium in which land information is recorded.
Effective date text
(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.
Effective date text
(3) Land information office. The board may establish a separate county land information office or may direct that an office be established within an existing department, board, commission, agency, institution, authority or office. If the board establishes a county land information office, the office shall 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. If the board establishes a land information office, the board shall, within 2 years after the land information office is established, develop a countywide plan for land records modernization.
Effective date text
(5) Land record modernization funding. A county which establishes a land information office shall use $4 of the $8 per page received under s. 59.43 (2) (ag) 1. and (e) to develop, implement and maintain a countywide plan for land records modernization.
Effective date note
NOTE: Sub. (5) is repealed and recreated eff. 9-1-05 by
2003 Wis. Act 206 to read:
Effective date text
(5) Land record modernization funding. A county that establishes a land information office shall use $4 of the $8 per page received under s. 59.43 (2) (ag) 1. and (e) to develop, implement, and maintain a countywide plan for land records modernization.
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 and filed 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;
1999 a. 96.
59.73 Annotation
The exemption from liability for trespass in sub (2) did not prevent the DNR from issuing a citation against a surveyor for violating an administrative rule prohibiting operating vehicles on park land. DNR v. Bowden, 2002 WI App 129,
254 Wis. 2d 625,
647 N.W.2d 865.
59.73 AnnotationResurveys of public lands are 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 employees 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.
59.74 History
History: 1995 a. 201 ss.
395,
396,
423.
59.74 Annotation
Resurveys of the public lands under s. 59.635 (8) [now 59.74 (1) (i)] are discussed. 66 Atty. Gen. 134.
59.74 Annotation
A city or village engineer acting under s. 59.635 (2) [now 59.74 (1) (b)] need not be registered as a land surveyor. 68 Atty. Gen. 185.
59.75
59.75
Certificates and records as evidence. The certificate and also the official record of the county surveyor when produced by the legal custodian thereof, or any of the county surveyor's deputies, when duly signed by the county surveyor in his or her official capacity, shall be admitted as evidence in any court within the state, but the same may be explained or rebutted by other evidence. If any county surveyor or any of his or her deputies are interested in any tract of land a survey of which becomes necessary, such survey may be executed by any land surveyor appointed by the board.
59.75 History
History: 1977 c. 449;
1995 a. 201 s.
398; Stats. 1995 s. 59.75.
59.76
59.76
Registration of farms. 59.76(1)
(1) The owner of any farm or country estate, or that person's authorized agent, may register the name of the farm or estate in the office of the register of deeds of the county in which the farm or estate is situated. The owner or purchaser of the farm or any part of the farm may change or release the name from that person's respective interest in the farm by recording a certificate stating that the original registered name is released. A new name of the farm or any parts of the farm may then be registered. Every register of deeds shall index all registrations of farm documents and make the index available upon request. The index shall contain the name of the owner of the farm or estate and the name for the farm or estate that the owner or agent may designate, if no other farm or estate in the county has been previously registered under the same name. The fee for recording an instrument under this subsection shall be the fee specified under
s. 59.43 (2) (ag).
59.76(2)
(2) Any register of deeds who fails or refuses to register farms under
sub. (1), or who charges or collects more than the fee specified under
s. 59.43 (2) (ag) for recording any such registration, or recording such certificate, or who knowingly registers a farm or estate under a name previously adopted and registered for some other farm or estate in the county, or any person who uses, by way of advertisement or otherwise, the name of any farm or estate registered as provided in this section, to designate or as the name of any farm or estate in the county other than the farm or estate for which the name was registered, unless the name was adopted for and used as the name of the other farm or estate prior to April 6, 1905, shall be fined not less than $5 nor more than $25 or imprisoned for not less than 10 days nor more than 30 days, or both.
59.76 History
History: 1971 c. 211;
1981 c. 245;
1991 a. 316;
1993 a. 301;
1995 a. 201 s.
463; Stats. 1995 s. 59.76.
59.78
59.78
Special counties; classification of claims. In counties containing a population of more than three hundred thousand, the county auditor shall classify all such claims according to the budgetary funds provided for in
s. 59.84, against which they are chargeable, before such claims are laid before such board. The county auditor shall then submit with the claims chargeable against each fund, a statement of the balance in such fund against which no county orders have been issued. If such balance in any fund is less than the total of the claims chargeable against such fund, the auditor shall call the attention of the board to that fact, and such board shall not issue county orders in excess of such balance without previously appropriating to such fund an additional sum at least sufficient to cover such orders. If any claims or claim shall be for a purpose for which no specific appropriation has been made in the budget, such claim or claims shall be considered as chargeable against the contingent fund. When the county auditor countersigns any order on the county treasurer for the payment of a claim allowed the auditor shall charge such order against the fund appropriated for that purpose.
59.78 History
History: 1991 a. 316.
POPULOUS COUNTIES
59.79
59.79
Milwaukee County. In a county with a population of 500,000 or more, the board may:
59.79(1)
(1) Housing facilities. Build, furnish and rent housing facilities to residents of the county. Such a county may borrow money or accept grants from the federal government for or in aid of any project to build, furnish and rent such housing facilities, to take over any federal lands and to such ends enter into such contracts, mortgages, trust indentures, leases or other agreements as the federal government may require. It is the intent of this subsection to authorize such a county to do anything necessary to secure the financial aid and the cooperation of the federal government in any undertaking by the county authorized by this subsection, including the authority to provide housing subsidies or allowances by participation in federal government housing programs.
59.79(2)
(2) Intergovernmental committees; appropriation. Appropriate money to defray the expenses of any intergovernmental committee organized in the county with participation by the board to study countywide governmental problems, and make recommendations thereon. All items of expense paid out of the appropriations shall be presented on vouchers signed by the chairperson and secretary of the intergovernmental committee.
59.79(3)
(3) Transportation studies. Undertake the necessary studies and planning, alone or with other urban planning activities, to determine the total transportation needs of the county areas; to formulate a program for the most efficient and economical coordination, integration and joint use of all existing transportation facilities; and to study the interrelationship between metropolitan county area growth and the establishment of various transportation systems for such area in order to promote the most comprehensive planning and development of both. In pursuance of such undertaking the board may employ the services of consultants to furnish surveys and plans, and may appropriate funds for the payment of the cost of such work and the hiring of consultants.
59.79(4)
(4) Heating and air conditioning contractors. For the purpose of protecting and promoting the general health and welfare of county residents, provide by ordinance for the regulation, control, prohibition and licensing of heating and air conditioning contractors engaged in either soliciting work or any actual installation, maintenance or repair work within the geographic limits of such a county. The board may revoke any license after the filing of charges and notice of hearing thereon. Such ordinance in addition may impose a forfeiture of not to exceed $100 for any violation or, in default of payment thereof, imprisonment for not to exceed 30 days and each day's failure to comply with any provision of the ordinance shall constitute a separate offense. In addition the county may institute injunctive proceedings to enforce any provision of the ordinance. The board may also, within the ordinance, provide for the creation of an advisory board and prescribe its powers. Such ordinance shall apply within cities and villages which may have enacted ordinances regulating the same subject matter but the county ordinance shall not have jurisdiction over any building code matter in any municipality, nor shall the ordinance be applicable to licensed electrical contractors engaged in the installation, maintenance or repair of electrical heating and air conditioning systems or to a public utility which is subject to
ch. 196.
59.79(5)
(5) Fee for certain marriage ceremonies. Enact an ordinance imposing a fee to be paid in advance to the clerk for each marriage ceremony performed by a judge or a circuit or supplemental court commissioner specified in
s. 765.16 (5) in the courthouse, safety building or children's court center during hours when any office in those public buildings is open for the transaction of business. The amount of the fee shall be determined by the board.
59.79(6)
(6) World festival celebration. Appropriate money for planning and participation in a world festival celebration, or any similar program or activity designed to promote international commerce and culture.
59.79(7)
(7) Lakefront parking facility. 59.79(7)(a)(a) Contract with the state to use and pay reasonable charges for the use of all or a portion of the parking facility authorized under
s. 13.485 and to guaranty all or a portion of the debt service for revenue obligations issued under
s. 13.485 as compensation for benefits to be derived by the county and the public from the facility funded by the issuance.
59.79(7)(b)
(b) Take any action that is necessary to facilitate contracting with the state under
par. (a), including the levying of any direct annual tax for that purpose.
59.79(8)
(8) Contractual personnel services. Enter into a contract for a period not to exceed 2 years for the services of retired county employees, provided such services shall not replace or duplicate an existing office or position in the classified or unclassified service nor be considered an office or position under
s. 63.03.
59.79(10)
(10) County hospital. Determine policy for the operation, maintenance and improvement of the county hospital under
s. 49.71 (2) and, notwithstanding the powers and duties specified under
s. 46.21 (2) (k),
(3r) and
(6) with respect to the county hospital and the administrator and specified under
s. 46.21 (2) (b),
(L),
(m),
(n),
(nm),
(o),
(p) and
(q) and
(3g), provide for the management of the county hospital as the board considers appropriate, except that the employee positions at the hospital will be county employee positions. If the board acts under this subsection, the board may not discontinue operation, maintenance and improvement of the county hospital under
s. 49.71 (2) and shall exercise the duties under
s. 46.21 (4m). This subsection does not apply if the board acts under
s. 46.21 with respect to the county hospital under
s. 49.71 (2).
59.79(11)
(11) Baseball. Own and operate a professional baseball team, appropriate money for the purchase of a franchise for such team, and in the discretion of the board organize and maintain a nonprofit corporation for such team ownership and operation or participate with others in the formation and operation of such corporation.
59.79(12)
(12) Licenses for cats. Enact an ordinance requiring licenses for cats. The ordinance may require a person who owns or keeps a cat within the county's boundaries to pay a license fee, obtain a license tag and otherwise control the cat. An ordinance enacted under this subsection shall require the owner of a cat to present evidence that the cat is currently immunized against rabies before a license may be issued. All proceeds from cat licenses shall be used for licensing, regulating and impounding cats.
59.79(13)
(13) Design-build construction process. Let a contract for the construction of a sheriff's department training academy, that is located in the county, using the design-build construction process.
59.79 History
History: 1995 a. 201 ss.
137,
164,
166,
168,
170,
184,
189,
194 to
196,
223,
225,
235,
236,
431,
454;
1999 a. 9,
83;
2001 a. 61.
59.79 Annotation
Milwaukee County has authority to acquire vacant land on the open market and to resell it at a reduced price to private parties under a contract of sale that requires purchasers to build low and middle income housing, especially for persons displaced by expressway construction. 60 Atty. Gen. 242.
59.792
59.792
Milwaukee County; sewage, waste, refuse. 59.792(1)(a)
(a) "County" means a county with a population of 500,000 or more.
