The legal description of condominium units must conform to the requirements of chapter 703, Stats., the Condominium Law. The requirements of chapter 236, dealing with platting and subdividing, may not be used to legally describe condominium units. 75-94
Elections
Where town sanitary district consists of territory wholly within one town and town board has not designated its members as commissioners but has appointed commissioners, town board is not required to call special election to elect commissioners if petition signed by at least twenty percent of the qualified electors of the district is filed. 69-245
Ink-drawn plat
1. Section 236.20(1)(a), Stats., requires that plats be submitted on the paper described therein. Plats submitted on other paper are objectionable. 2. Only the original ink-drawn plat on the required paper can be recorded with the Register of Deeds. 67-8
Island subdivision
Discussion of the circumstances under which the statutory platting standards set forth in secs. 236.16(1), (2) and (3) and 236.20(4)(d), Stats., may be waived or varied with specific reference to the approval of island subdivision plats. 62-315
Lot size
For the purpose of determining lot area under the provisions of sec. 236.02(8), Stats.: 1. If a lot abuts a public or private road or street, the total lot size (area) does not include the land extended to the middle of the road or street. 2. An easement of access to a parcel is not to be included in determining the total lot area. 3. A body of navigable water separates a parcel of land as effectively as does a public highway. 66-1
Meandered lake
Methods discussed for establishing or reestablishing an E-W 1/4 line and the center 1/4 corner when the E 1/4 corner falls in a meandered lake. 66-261
Navigable waters
The application of secs. 236.16(3) and (4), Stats., which concern lake and stream shore plats, discussed in reference to proposed subdivisions which do not immediately abut a lake or stream, but where the subdivider holds an interest in lands lying between the proposed subdivision and the lake or stream. 66-85
The requirements of sec. 236.16(3), Stats., requiring subdivisions on navigable lakes or streams to provide public access does not apply to navigable lakes created by artificially enlarging a previously nonnavigable watercourse. The Department of Local Affairs and Development is not required by Executive Order No. 67 to object to a subdivision plat based on information supplied by the Department of Natural Resources that the plat is not in compliance with sections NR 115 or NR 116 Wis. Adm. Code. 64-146
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
Public access
The duties of the head of the planning function in the Department of Local Affairs and Development in administering and coordinating 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
Replatting
Chapter 236, Stats., discussed in reference to the platting, replatting and division of lots within a recorded subdivision. 67-121
Section 236.36, Stats., permits the replat of a part of a previously recorded subdivision plat, 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
Standards waived or varied
Discussion of the circumstances under which the statutory platting standards set forth in secs. 236.16(1), (2) and (3) and 236.20(4)(d), Stats., may be waived or varied with specific reference to the approval of island subdivision plats. 62-315
Subdivision
Discussion of circumstances under which lots in a recorded subdivision may be legally divided without replatting. 64-80
The application of secs. 236.16(3) and (4), Stats., which concern lake and stream shore plats, discussed in reference to proposed subdivisions which do not immediately abut a lake or stream, but where the subdivider holds an interest in lands lying between the proposed subdivision and the lake or stream. 66-85
Towns with village powers lack statutory authority to unilaterally vacate streets in recorded subdivision plats. 78-77
Subdivision control ordinances
Discussion of the application of municipal and county subdivision control ordinances within the municipality's extraterritorial plat approval jurisdiction. 66-103
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
Survey maps
Certified survey maps provided for by sec. 236.34, Stats., are corrected by subsequent recording of corrected survey maps. 66-90
Surveys
The duties of the head of the planning function in the Department of Local Affairs and Development in administering and coordinating 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
PODIATRISTS
See CHIROPODISTS
POLICE
See also LAW ENFORCEMENT; SHERIFFS
Administration, Department of
Department of Administration may provide protective services in leased buildings. (Unpub.). 84-1976
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
Cars
An unmarked police vehicle displaying flashing red and blue lights is not a marked vehicle for purposes of section 346.04(3), Stats. 76-214
Flashing blue lights on public vehicles are prohibited by sec. 347.07(2)(c), Stats. 63-80
Need not be purchased under competitive bid since they are "equipment" and not "supplies [or] material under secs. 60.29, Stats." 66-284
Citizenship
Previous opinion at 65 OAG 273 (1976), to the effect that sec. 66.11(1), Stats., is unconstitutional to the extent that it requires U.S. citizenship of police officers and deputy sheriffs is withdrawn in light of a United States Supreme Court decision with respect to a similar requirement in New York. 68-61
Confidential reports
A school cannot use confidential information obtained from law enforcement authorities to require students, under threat of expulsion, to participate in group or individual counseling, nor can the school use such information to suspend or expel students. The school can use such confidential information to refer a student to county social welfare agencies or nongovernmental self-help groups, but only if the student consents to such referral. 76-134
Juvenile officers are not required to provide information in their possession concerning a juvenile to officials of the school attended by the juvenile when requested to do so. The school does not violate the confidential exchange provisions of sec. 48.396(1), Stats., by using the information obtained from a police officer to take disciplinary action against a student as long as the school does not reveal the reason for the disciplinary action to parties not authorized to receive such information. To the extent that 56 Op. Att'y Gen. 211 (1967) is in conflict with this opinion, it is modified. 69-179
The police may justifiably prevent a district attorney from inspecting their investigation files on pending criminal cases to determine whether there is exculpatory evidence which must be disclosed to a defendant only in those exceptional instances in which a compelling need to maintain secrecy out weighs the constitutional and statutory considerations ordinarily demanding access. 76-262
Convicted felons
Convicted felons may not serve as sheriffs, deputy sheriffs, patrolmen, police men 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
Coroner
The offices of coroner and deputy coroner are incompatible with that of city police officer; and the office of coroner is incompatible with that of assistant chief of a volunteer fire department. 78-49
District Attorney
