Outlots
A proposed plat under ch. 236, Stats., may not consist solely of outlots, whether or not the proposed outlots are intended for the purpose of sale or building development. Other questions concerning outlots answered. 66-238
Plats and platting
The duties of the head of the planning function in the Department of Local Affairs and Development in administering plat proposal reviews under sec. 236.12, Stats., in checking for compliance with the minimum survey layout and format requirements set forth in secs. 236.15, 236.16, 236.20 and 236.21(1) and (2), Stats., do not trigger environmental assessment under sec. 1.11, Stats. The Department of Local Affairs and Development and the Department of Natural Resources are not required to undertake an environmental assessment in instances where a variance in the public access to navigable waters requirements of sec. 236.16(3), Stats., is proposed since such a review is impossible. (Unpub.). 93-1977
Public land
A county board may not give land to a private corporation. The adequacy as consideration for the conveyance of land of a promise by a private corporation to build and operate a factory on the land involves the application of the public purpose doctrine to the specific facts of the conveyance. 80-341
Public sale
Land acquired in name of a county by its county highway committee for use as gravel pit can be sold by the County Board, when no longer required for highway purposes, at public sale pursuant to sec. 83.08(4), Stats. Public sale must be held on notice, by auction or written bids, with sale to highest qualified bidder. 66-208
Relocation assistance payments
Wisconsin condemnors are not bound by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P. L. 91-646, 84 Stat. 1894. Relocation assistance and payments to displaced persons must be made in accordance with secs. 32.19 to 32.27, Stats. Unrelated individuals who share a common dwelling for convenience sake without a common head of the household are "persons" under sec. 32.19, Stats. Payments to displaced persons must be made in accordance with state law. 63-229
Replat
A replat of a recorded subdivision must comply with the formal platting requirements of ch. 236, Stats., relating to new subdivision plats, including those relating to the survey, approval and recording. 63-193
Chapter 236, Stats., discussed in reference to the platting, replatting and division of lots within a recorded subdivision. 67-121
Discussion of circumstances under which lots in a recorded subdivision may be legally divided without replatting. 64-80
Section 236.36, Stats., permits the replat of a part of a previously recorded subdivision plan, without circuit court action, where the only areas dedicated to the public in that portion of the original subdivision being replatted, were previously fully and properly vacated under the provisions of sec. 66.296, Stats. 63-210
Reservation status
Land recently purchased and held in trust for Indian tribes or tribe members under the superintendence of the federal government has the same reservation status as land reserved for the use of Indian tribes or tribe members by treaty or legislation. 71-82
Soil absorption tests
Soil absorption tests conducted by persons certified under sec. 145.045, Stats., must be accepted by county governments. 63-586
Subdivision
Chapter 236, Stats., discussed in reference to the platting, replatting and division of lots within a recorded subdivision. 67-121
Discussion of circumstances under which lots in a recorded subdivision may be legally divided without replatting. 64-80
Subdivision regulations
Discussion of the extent to which sec. 236.45(2)(a)3., Stats., limits the application of local subdivision regulations to divisions of lands. (Unpub.). 18-1976
Subdivision surveys
Certified survey maps under sec. 236.34, Stats., cannot be used as a substitute for subdivision surveys as defined by sec. 236.02(8), Stats. Penalties under sec. 236.31, Stats., applicable to improper use of certified surveys. 67-294
Surface owner
Under section 706.057, Stats., owner of the surface of land under which mineral rights have lapsed must record a claim to the lapsed mineral rights in order to foreclose separate mineral rights owner from curing the lapse. 79-61
Surplus land
Although a county may not acquire land specifically for the purpose of leasing that land to a private entity licensed to operate a racetrack under section 562.05(1)(a), Stats., it may lease land initially acquired for a valid public purpose to such a private entity, unless the circumstances of the lease demonstrate that the land has become surplus land. 80-80
Tax delinquent lands
In publishing redemption notices for tax delinquent lands under sec. 75.07(1), Stats., County Treasurer is not authorized to omit the names of persons to whom such property was last assessed. 63-118
Section 75.07(1), Stats., requiring publication of redemption notice prior to expiration of time to redeem lands sold for taxes, is directory only; and failure to include in such publication the name of the person to whom such taxes were assessed does not invalidate a subsequent tax deed. 63-116
University
The University of Wisconsin System may sell a dormitory which no longer is needed for educational purposes upon such terms as are agreeable to the Wisconsin State Agencies Building Corporation and H.U.D. to guarantee the payment of the bonds issued for the initial construction of the building. 63-252
LAND CONSERVATION BOARD
Agricultural zoning, revocation of
The Land Conservation Board has authority to prospectively revoke an exclusive agricultural zoning ordinance certification granted under sections 91.06 and 91.78, Stats. Notice and an opportunity to be heard must be afforded to the local zoning authority and to landowners who might be affected by a decertification decision. If a decision to decertify is made, only those lands which are rezoned are subject to the lien and property tax credit recapture provisions of section 91.77(2). 74-78
LAND CONSERVATION COMMITTEE
Appointments to
Appointments to a county land conservation committee, created by the county board pursuant to section 92.06, Stats., are made by the county board, not by the county executive. 76-173
Land conservation committee responsibilities and prohibition of private interest in public contracts discussed. 76-184
LANDLORD AND TENANT
Consent to search
State Arson Bureau and local fire and police departments are subject to the Fourth Amendment warrant requirements of the United States Constitution in conducting searches for evidence of arson. If consent to search is sought, very general guidelines are that a tenant or co-tenant may consent to search of area under his control, while consent to search a common area may be given by landlord or, if objector could not reasonably expect privacy, by a tenant. 68-225
Garnishment of AFDC grants
The recently enacted provisions of section 49.41(2), Stats., which provide that effective April 1, 1988, grants of AFDC may be garnisheed by landlords as provided under section 812.233, conflict with provisions of Title IV-A of the Social Security Act. 77-56
Rent control ordinances
State statutory enabling legislation is required to authorize enactment of typical rent control ordinances. Assembly Substitute Amendment 1 to 1973 Assembly Bill 95 deemed incomplete and constitutionally infirm. 62-276
Security deposits
Security deposits: interpretation of the phrase "surrender of the premises" as used in Wisconsin Administrative Code section Ag 134.06(2) (1990), created Feb. 1980, effective May 1, 1980; The phrase "surrender of the premises" is analogous to the term "vacating the premises," coupled with the knowledge or reason to know of the vacating by the landlord. Therefore, under Wisconsin law, security deposits must be returned within twenty-one days from the time the tenants physically and permanently vacate the premises, where the landlord knows or has reason to know that the premises have been vacated. 80-86
LAW ENFORCEMENT
See also BENCH WARRANT; CRIMINAL LAW; POLICE; SHERIFFS
Arrest
A warrantless arrest and detention for bail jumping, section 946.49, Stats., is authorized if probable cause exists that the arrestee violated the contact prohibition in section 968.075(5)(a)1. after being released under chapter 969. 78-177
Automobiles and motor vehicles
The ordinance adopted by the Village of West Milwaukee which authorizes the placement of an immobilization device on an automobile of an individual who has ten or more outstanding or otherwise unsettled traffic violations does not constitute a valid exercise of a municipality's authority under Wisconsin law. 77-73
Bench warrant
A bench warrant issued under sec. 968.09, Stats., may be directed to all law enforcement officers in the State without regard to whether the defendant is charged with violation of a state statute or county ordinance. The form of the warrant should be tailored to meet the form suggested by sec. 968.04(3)(a)7., Stats. 62-208
