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
Section 968.09, Stats., does not authorize the issuance of a bench warrant upon the failure to pay a fine or forfeiture. (Unpub.). 27-1982
The Circuit Court has neither statutory nor inherent authority to issue a bench warrant for the arrest of a violator of a county ordinance who has received a citation pursuant to sec. 66.119, Stats., and who neither posts a cash deposit nor appears at the citation return date. 70-280
Boating law
Water safety patrol officers, in county patrol, created as a separate agency, do not have to be deputized by Sheriff to enforce secs. 30.50-30.80, Stats., Wisconsin's regulation of boating law. 65-169
Burnett County police and emergency radio
A sheriff's actions in determining access to a county's law enforcement channel are ministerial in nature. The negligent exercise of that authority could subject the sheriff to liability. 76-7
Campus police
The University of Wisconsin has no authority to agree to hold harmless a county that incurs liability because of a university officer's torts, but the common law of indemnification would require such officer to indemnify that county and statutory indemnification would require the state to indemnify the officer when acting in the scope of his/her employment. A county sheriff may deputize university campus police officers and restrict that deputization to particular times, places and crimes. An otherwise valid arrest would not be rendered invalid, however, solely because the officer exceeded the scope of that deputization. 78-1
Citations for ordinance violations
Without statutory authority to do so, a county cannot use citations for violations of ordinances that have certain statutory counterparts. Section 66.119(3)(b), Stats., only authorizes the use of citations for violations of ordinances other than those for which a statutory counterpart exists. 76-211
Citizenship requirements
Sections 62.13(4)(d) and 66.11(1), Stats., making citizenship a prerequisite to becoming a police officer or deputy sheriff violate the Fourteenth Amendment of the United States Constitution when applied to resident aliens. 65-273
Conservation wardens, power of arrest
The power of arrest of DNR wardens is limited by statute; they do not have general law enforcement authority except on state-owned lands, and property under DNR's supervision, management and control including the power to arrest violators of state law on all bodies of water which lie exclusively within such area, as determined by facility boundaries. 68-326
Convicted felons
Convicted felons may not serve as sheriffs, deputy sheriffs, patrolmen, policemen, or constables as these law enforcement officers are "public officers" within the meaning of that term in sec. 17.03(5), Stats., and they hold an "office of trust, profit or honor in this state" within the purview of Wis. Const. art. XIII, sec. 3. 65-292
Cooperative agreements
