710.02(2)
(2) Exceptions. Except as provided in
sub. (3),
sub. (1) does not apply to:
710.02(2)(a)
(a) Subject to
sub. (5), any person acquiring an interest in land by devise, inheritance or in the good faith collection of debts by due process of law.
710.02(2)(b)
(b) Citizens, foreign governments or subjects of a foreign government whose rights to hold larger quantities of land are secured by treaty.
710.02(2)(d)
(d) An exploration mining lease as defined in
s. 107.001 (1) and land used for mining and associated activities.
710.02(2)(e)
(e) Manufacturing activities specified under division D of the standard industrial classification manual published by the U.S. printing office, 1972 and later editions.
710.02(2)(f)
(f) Mercantile activities specified under divisions C, E, F, G, H and I of the standard industrial classification manual published by the U.S. printing office, 1972 and later editions.
710.02(2)(g)
(g) Leases for exploration or production of oil, gas, coal, shale and related hydrocarbons, including by-products of the production, and land used in connection with the exploration or production.
710.02(3)
(3) Use of land restricted. Land in excess of 640 acres, acquired by a person listed under
sub. (1) other than a person listed under
sub. (2) (a),
(b) or
(c) for an activity listed under
sub. (2) (d),
(e),
(f) or
(g), may not be used directly or indirectly by that person for any activity not under
sub. (2) (d),
(e),
(f) or
(g). Pending the conversion and development of the land for a purpose permitted under
sub. (2) (d),
(e),
(f) or
(g), it may be used for agriculture or forestry purposes under a lease to a person not subject to
sub. (1). Products of the land may be sold by the lessee to the owner of the land.
710.02(4)(a)(a) Any person filing a report required under
7 USC 3501 to
3508 shall file with the secretary of agriculture, trade and consumer protection a duplicate original of the report, together with both of the following:
710.02(4)(a)1.
1. The tax parcel number or full legal description of the lands acquired, owned or held.
710.02(4)(a)2.
2. If the interest in land is acquired, owned or held under an exception set forth in
sub. (2), a statement which sets forth the specific exception and, if under
sub. (2) (d),
(e),
(f) or
(g), the timetable and plan for conversion and development to a purpose permitted under
sub. (2) (d),
(e),
(f) or
(g).
710.02(4)(b)
(b) The secretary shall annually submit to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3), a report summarizing information received under
par. (a).
710.02(5)(a)(a) Interests exceeding 640 acres acquired by persons under
sub. (1) shall be divested at the discretion of the holder to comply with
sub. (1) within 4 years after:
710.02(5)(b)
(b) Land subject to divestiture under
par. (a) may not be managed to cause undue levels of soil erosion or to injure the long-range productivity of the land. The attorney general may bring an action to enjoin these practices on the land.
710.02(6)
(6) Forfeitures. Interests in lands in excess of 640 acres acquired or held in violation of this section are forfeited to the state. The holder of the interest shall determine which lands are to be forfeited to comply with
sub. (1).
710.02(7)
(7) Penalty for failure to report. Any person violating
sub. (4) (a) shall forfeit not less than $500 nor more than $5,000.
710.02(8)
(8) Enforcement. The attorney general shall enforce this section.
710.02(9)
(9) Applicability. This section applies to interests in land acquired after July 1, 1982. No interest acquired before July 1, 1982, is subject to divestiture or forfeiture under this section.
710.02 Note
NOTE: 1983 Wis. Act 334, which repealed and recreated this section, contains a "legislative declaration" of intent in section 1.
710.02 Annotation
The rationale of s. 710.02, 1973 stats., which limited nonresident alien ownership of land, was premised upon potential detriment to the welfare of the community and was not so arbitrary as to deny equal protection. Lehndorff Geneva, Inc. v. Warren,
74 Wis. 2d 369,
246 N.W.2d 815 (1976).
710.03
710.03
Provision not retroactive. The title to any lands conveyed before May 3, 1887, or any lands which nonresident aliens may hold under
s. 710.02 conveyed since that date, shall not be questioned nor in any manner affected by reason of the alienage of any person from or through whom such title may have been derived.
710.05
710.05
Adverse claim to account. 710.05(1)(a)
(a) "Account" means credit of a depositor with a financial institution, and includes a demand deposit or savings account, certificate of deposit, share account, time deposit, open account and other similar arrangements.
710.05(1)(b)
(b) "Depositor" means a person who, by agreement with a financial institution or by written power of attorney, has the right to issue orders or instructions concerning an account.
710.05(1)(c)
(c) "Financial institution" means a state or national bank, trust company, savings bank, building and loan association, savings and loan association or credit union doing business in this state.
710.05(2)
(2) Except as provided in
ch. 112 or
subch. I of ch. 705, notice to a financial institution of a claim to all or part of an account by any person other than a depositor of the account or the financial institution has no effect upon the rights and duties of the depositor or financial institution with respect to the account, and notwithstanding such notice or claim the financial institution may honor the orders and instructions of its depositor regarding the account without liability to the claimant until otherwise ordered by a court or administrative agency of appropriate jurisdiction.
710.05 History
History: 1977 c. 430;
1989 a. 331.
710.07
710.07
Conveyances by life tenant. A conveyance made by a tenant for life or years purporting to grant a greater estate than the tenant possessed or could lawfully convey shall not work a forfeiture of the tenant's estate, but shall pass to the grantee all the estate which such tenant could lawfully convey.
710.07 History
History: 1993 a. 486.
710.10
710.10
Removal of possessor of property. In the following cases any person who holds possession of property, or the representatives or assigns of such person may be removed under
ch. 799 or
843.
710.10(2)
(2) A tenant at sufferance holding without permission.
710.10(3)
(3) A possessor of property which has been sold upon foreclosure of a mortgage if the possessor's rights were extinguished by the foreclosure.
710.10(4)
(4) A person who occupies or holds property under an agreement with the owner to occupy and cultivate it upon shares and the time fixed in the agreement for such occupancy has expired.
710.11
710.11
Transfer of land where dam exists. A person may not accept the transfer of the ownership of a specific piece of land on which a dam is physically located unless the person complies with
s. 31.14 (4).
710.11 History
History: 1981 c. 246.
710.15
710.15
Mobile home park regulations. 710.15(1)(a)
(a) "Lease" means a written agreement between an operator and a resident or mobile home occupant establishing the terms upon which the mobile home may be located in the park or the mobile home occupant may occupy a mobile home in the park.
710.15(1)(b)
(b) "Mobile home" has the meaning given under
s. 66.0435 (1) (d) but does not include any unit used primarily for camping, touring or recreational purposes.
710.15(1)(c)
(c) "Mobile home occupant" means a person who rents a mobile home in a park from an operator.
710.15(1)(d)
(d) "Operator" means a person engaged in the business of renting plots of ground or mobile homes in a park to mobile home owners or mobile home occupants.
710.15(1)(e)
(e) "Park" means a tract of land containing 2 or more plots of ground upon which mobile homes are located in exchange for the payment of rent or any other fee pursuant to a lease.
710.15(1)(f)
(f) "Resident" means a person who rents a mobile home site in a park from an operator.
710.15(1m)
(1m) Requirement and term of lease. Every agreement for the rental of a mobile home site or mobile home shall be by lease. Every lease shall be for a term of at least one year unless the resident or mobile home occupant requests a shorter term and the operator agrees to the shorter term.
710.15(2)
(2) Rules included in lease. All park rules that substantially affect the rights or duties of residents or mobile home occupants or of operators, including park rules under
sub. (2m) (b), shall be made a part of every lease between them.
710.15(2m)(a)(a) Every lease shall state whether the park contains an emergency shelter.
710.15(2m)(b)
(b) If a park contains an emergency shelter under
par. (a), the park rules shall state the location of the emergency shelter and procedures for its use.
710.15(3)
(3) Prohibited consideration of age of mobile home. 710.15(3)(a)(a) An operator may not deny a resident the opportunity to enter into or renew, and may not include, exclude or alter any terms of, a lease to continue to locate a mobile home in the park solely or in any part on the basis of the age of the mobile home.
710.15(3)(b)
(b) An operator may not require the removal of a mobile home from a park solely or in any part on the basis of the age of the mobile home, regardless of whether the ownership or occupancy of the mobile home has changed or will change.
710.15(4)
(4) Prohibited consideration of change in ownership or occupancy of mobile home. An operator may not require the removal of a mobile home from a park solely or in any part because the ownership or occupancy of the mobile home has changed or will change. An operator may refuse to enter into an initial lease with a prospective resident or mobile home occupant for any other lawful reason.
710.15(4m)
(4m) No interest in real estate; screening permitted. Neither
sub. (3) (b) nor
sub. (4) creates or extends any interest in real estate or prohibits the lawful screening of prospective residents and mobile home occupants by an operator.
710.15(5m)
(5m) Termination of tenancy or nonrenewal of lease. Notwithstanding
ss. 704.17 and
704.19, the tenancy of a resident or mobile home occupant in a park may not be terminated, nor may the renewal of the lease be denied by the park operator, except upon any of the following grounds:
710.15(5m)(a)
(a) Failure to pay rent due, or failure to pay taxes or any other charges due for which the park owner or operator may be liable.
710.15(5m)(b)
(b) Disorderly conduct that results in a disruption to the rights of others to the peaceful enjoyment and use of the premises.
710.15(5m)(c)
(c) Vandalism or commission of waste of the property.
710.15(5m)(e)
(e) Violation of park rules that endangers the health or safety of others or disrupts the right to the peaceful enjoyment and use of the premises by others, after written notice to cease the violation has been delivered to the resident or mobile home occupant.
710.15(5m)(em)
(em) Violation of federal, state or local laws, rules or ordinances relating to mobile homes after written notice to cease the violation has been delivered to the resident or mobile home occupant.
710.15(5m)(f)
(f) The park owner or operator seeks to retire the park permanently from the rental housing market.
710.15(5m)(g)
(g) The park owner or operator is required to discontinue use of the park for the purpose rented as a result of action taken against the park owner or operator by local or state building or health authorities and it is necessary for the premises to be vacated to satisfy the relief sought by the action.
710.15(5m)(h)
(h) The physical condition of the mobile home presents a threat to the health or safety of its occupants or others in the park or, by its physical appearance, disrupts the right to the enjoyment and use of the park by others.
710.15(5m)(j)
(j) Material misrepresentation in the application for tenancy.
710.15 History
History: 1985 a. 235;
1999 a. 150 s.
672.
710.15 Annotation
Claims of improper termination of a mobile home tenancy are governed exclusively by s. 710.15 (5m). Where a government order requires a park owner to either abandon a failing septic system or replace it, the owner may elect to abandon the system and terminate the tenancy of the attached mobile home under sub. (5m) (g) or (k). Logterman v. Dawson,
190 Wis. 2d 90,
526 N.W.2d 768 (Ct. App. 1994).
710.15 Annotation
A "resident" under sub. (1) need not be an occupant of the mobile home. Benkoski v. Flood,
229 Wis. 2d 377,
599 N.W.2d 885 (Ct. App. 1999).
