See DAIRY, FOOD AND DRUGS
FOREST CROP LAW
See also FORESTS
Deeds
A county Register of Deeds must record Department of Natural Resources' orders under the Forest Croplands Program, sec. 77.02(3), Stats., and the Woodland Tax Law, sec. 77.16(3), Stats., notwithstanding sec. 59.57(12), Stats., which requires that recording fees must be paid in advance of recordation. 66-246
Discussed
Although public tax-exempt entities such as municipalities may neither enter nor continue their lands in the forest tax programs of chapter 77, Stats., private entities whose property would otherwise normally be tax-exempt under chapter 70 may participate in such programs. 77-280
Highways
The exceptions established by sec. 348.20(3), Stats., are not applicable to violations of weight limits established under sec. 348.175, Stats. 64-164
Right of way
Section 77.03, Stats., relating to enrolling land in the Forest Cropland Program, creates a right of access across an owner's non-enrolled lands to reach the owner's landlocked enrolled lands for the purposes of hunting and fishing. 71-163
University
University forest land transferred to the University for purpose of forestry and timber studies and related research is exempt from property taxation under sec. 70.11(1), Stats., and is not subject to tax as "agricultural land" under sec. 70.116, Stats. The University lacks authority to enter its lands under subch. I, ch. 77, Stats., the Forest Crop Law, or continue the previous entry of lands it acquires. 66-78
FORESTS
Condemnation
County lands are not subject to condemnation by a town absent express statutory authority authorizing such condemnation. 62-64
County forest and park land
Where large sums had accumulated from sale or leases of county forest land and were credited to the Forestry and Parks Department, County Board resolution which would authorize transfer of funds for specific use of construction of a waterslide on county forest park lands failed passage where it did not receive two-thirds vote of the entire membership. Sec. 65.90(5), Stats. 75-56
County Boards cannot sell or exchange county forest lands without first withdrawing them from the county forest program under sec. 28.11(11), Stats. The term "exchange" does not include a sale for valuable consideration. 66-108
County forest roads
County forest roads which are open to vehicular traffic are highways which can be designated as all-terrain vehicle routes under section 23.33(8)(b), Stats., and minors under sixteen years of age holding valid all-terrain vehicle safety certificates can operate all-terrain vehicles on highways which have been designated as all-terrain vehicle routes under the limited conditions set forth in section 23.33(4). 77-52
Entitlement lands
County which has received payments from the federal government in lieu of taxes under sec. 1 of P. L. 94-565, 90 Stat. 2662, cannot distribute such payments to the towns in which the national forest lands are located. 68-23
Previous opinions on the distribution of payments in lieu of taxes discussed. (Unpub.). 16-1982
Federal aid
Section 59.20(13), Stats., does not control the distribution of monies received from the federal government under 31 U.S.C. sec. 1601. OAG-45 (unpub.), issued June 9, 1978, is withdrawn. 67-277
Withdrawn (unpub.) 45-1978
Forest Crop Law
Although public tax-exempt entities such as municipalities may neither enter nor continue their lands in the forest tax programs of chapter 77, Stats., private entities whose property would otherwise normally be tax-exempt under chapter 70 may participate in such programs. 77-280
Forest land transferred to the University for purpose of forestry and timber studies and related research is exempt from property taxation under sec. 70.11(1), Stats., and is not subject to tax as "agricultural land" under sec. 70.116, Stats. The University lacks authority to enter its lands under subch. I, ch. 77, Stats., the Forest Crop Law, or continue the previous entry of lands it acquires. 66-78
Managed Forest Land Law
Although public tax-exempt entities such as municipalities may neither enter nor continue their lands in the forest tax programs of chapter 77, Stats., private entities whose property would otherwise normally be tax-exempt under chapter 70 may participate in such programs. 77-280
National forest income
Section 59.20(13), Stats., controls the distribution of national forest income by county treasurers derived from 16 U.S.C. sec. 471, et seq., and 31 U.S.C. sec. 1601, et seq. (Unpub.). 45-1978
Withdrawn, see 67-277
Payments, distribution of
Previous opinions on the distribution of payments in lieu of taxes discussed. (Unpub.). 16-1982
Peeled and unpeeled forest products cut crosswise"
Section 348.15(3)(b)2. and (5r), Stats., discussed. 62-100
Prospecting on state park and forest lands
Department of Natural Resources may grant contracts for mining beneath beds of navigable lakes and waters and licenses for prospecting on state park and forest lands, but it may not grant leases for mining purposes on state park and forest lands. (Unpub.). 58-1976
Spectator sport facilities
Department of Natural Resources has no authority to construct spectator sport facilities in state forests, nor has it authority to lease state forest lands for such purpose. 63-519
State parks and forests
Fees collected by the Department of Natural Resources for admissions to state parks and forests are subject to sales taxation under sec. 77.52(2)(a)2., Stats. 66-205
Woodland Tax Law
Although public tax-exempt entities such as municipalities may neither enter nor continue their lands in the forest tax programs of chapter 77, Stats., private entities whose property would otherwise normally be tax-exempt under chapter 70 may participate in such programs. 77-280
FORFEITURES
City council
Pursuant to sec. 895.35, Stats., a city council can, in limited circumstances, reimburse a council member for reasonable attorneys' fees incurred in defending an alleged violation of the Open Meeting Law, but it cannot reimburse such member for any forfeiture imposed. Section 895.46(1), Stats., is not applicable to forfeiture actions. Such member could not be reimbursed, indirectly, under liability insurance policy procured by a municipality, for any forfeiture imposed. 66-226
Civil procedure action
A judgment rendered in circuit court for payment of a forfeiture can and should be docketed, does accumulate postjudgment interest at the rate of twelve percent per annum and may be enforced using those collection remedies which are available in connection with judgments entered in other civil proceedings. 2-1995
The procedure to be used in seeking forfeitures for violations of statutes is set forth in chapters 23, 66, 345, 778, 799, 750-58 and 801-47, Stats. The procedures set forth in chapters 23, 66, 345 and 778 have priority. Where those chapters are not applicable, chapter 799 is accorded the next level of priority. Finally, where chapter 799 is not applicable, the rules of practice and procedure in chapters 750-58 and 801-47 are. 77-270
County Board
Neither the clerk of court nor the county board has the authority to adopt a non-refundable processing fee for persons desiring to pay a fine or forfeiture imposed by the court through installment payments in the absence of a statute specifically providing for such processing fee. 80-223
Before payment of a settlement is made in resolution of an action against the county, the County Board as a whole must approve it; if an action against the county results in assessment for a forfeiture, the Board may not refuse to pay it but the authorization for payment may be direct or, depending upon the amount, through the delegation permitted under sec. 59.07(3), Stats. 70-15
District Attorney
The procedure to be used in seeking forfeitures for violations of statutes is set forth in chapters 23, 66, 345, 778, 799, 750-58 and 801-47, Stats. The procedures set forth in chapters 23, 66, 345 and 778 have priority. Where those chapters are not applicable, chapter 799 is accorded the next level of priority. Finally, where chapter 799 is not applicable, the rules of practice and procedure in chapters 750-58 and 801-47 are. 77-270
The District Attorney has the authority to institute an action for forfeiture for violation of the Open Meetings Law only after receiving a verified complaint pursuant to sec. 19.97(1), Stats. (Unpub.). 34-1981
Ethics Code violation
County Board may provide for a penalty in the nature of a forfeiture for violation of a Code of Ethics ordinance but may not bar violators from running for office. 66-148
