CHAPTER 710
MISCELLANEOUS PROPERTY PROVISIONS
710.01 Aliens may acquire lands.
710.02 Limitation on nonresident aliens and corporations.
710.03 Provision not retroactive.
710.05 Adverse claim to account.
710.07 Conveyances by life tenant.
710.10 Removal of possessor of property.
710.11 Transfer of land where dam exists.
710.15 Mobile home park regulations.
710.01
710.01
Aliens may acquire lands. Subject to the limitations of
s. 710.02 an alien may acquire and hold lands or any right thereto or interest therein by purchase, devise or descent, and the alien may convey, mortgage and devise the same; and if the alien shall die intestate the same shall descend to the alien's heirs; and in all cases such lands shall be held, conveyed, mortgaged or devised or shall descend in like manner and with like effect as if such alien were a native citizen of the state or of the United States.
710.01 History
History: 1993 a. 486.
710.02
710.02
Limitation on nonresident aliens and corporations. 710.02(1)(1)
Limitation. The following persons may not acquire, own or hold any interest, directly or indirectly, except an interest used to secure repayment of a debt incurred in good faith, in more than 640 acres of land in this state:
710.02(1)(a)
(a) Aliens not residents of a state of the United States.
710.02(1)(b)
(b) Corporations not created under the laws of the United States or a state of the United States.
710.02(1)(c)1.1. Corporations, limited liability companies, partnerships or associations having more than 20% of their stock, securities or other indicia of ownership held or owned by persons under
par. (a) or
(b).
710.02(1)(c)2.
2. Trusts having more than 20% of the value of their assets held for the benefit of persons under
par. (a) or
(b).
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.
