Welfare fraud clients as county employes
Probationers who provide child-care services under a state-run program as a condition of their probation are not agents of the State for purposes of indemnity, but they are county employes for purposes of worker's compensation. 75-43
PROPERTY
Easement and owners' rights
The rights of property owners abutting a highway are subject to reasonable regulations imposed by highway maintenance authorities and are subordinate to the public's interest over the use of the land within the boundaries of a highway right-of-way. 75-10
Exploration and mining rights
Exploration and mining rights constitute interests in land, and ownership of such interests are subject to the provisions of sec. 710.02, Stats., limiting nonresident ownership of land in Wisconsin. 69-126
Federal land patent
Original conveyance of land by federal land patent does not consequentially affect the state's jurisdiction over the land. 81-104
Inland lake protection and rehabilitation districts
Voting rights at the annual meeting of inland lake protection and rehabilitation districts may be extended by the Legislature to nonresident property owners, but only pursuant to a statewide referendum under Wis. Const. art. III, sec. 1(3). 69-32
Joint tenants
The register of deeds and county or municipal tax listing officials may accept for filing, as an alternative to other statutory proceedings, for the eventual purpose of changing tax bill listings an affidavit of identity containing a legal description of the premises, the date and place of death of the decedent and full identification of both the decedent and the surviving joint tenant. County and municipal tax listing officials and the register of deeds have no authority to record or file any vital record including a death certificate except where the register of deeds acts as the local registrar under section 69.07, Stats. 80-73
Jurisdiction over
Original conveyance of land by federal land patent does not consequentially affect the state's jurisdiction over the land. 81-104
Municipal service fees on tax exempt property
Municipal service fees on tax-exempt property may violate the uniformity and equal protection clauses of the Wisconsin Constitution. 79-64
Nonresident owners
Exploration and mining rights constitute interests in land, and ownership of such interests are subject to the provisions of sec. 710.02, Stats., limiting nonresident ownership of land in Wisconsin. 69-126
Voting rights at the annual meeting of inland lake protection and rehabilitation districts may be extended by the Legislature to nonresident property owners, but only pursuant to a statewide referendum under Wis. Const. art. III, sec. 1(3). 69-32
Old age assistance
The general concept of allowing elderly homeowners (age sixty-five or seventy) of low and moderate income to defer repayment of money advanced to them by the State for payment of their property taxes, with such loan being secured by some type of priority lien on the property involved, is constitutional. However, funds for such a program cannot be obtained through general obligation bonding, within the meaning and intent of Wis. Const. art. VIII, sec. 7. The financing of such a program with revenue bonds probably would be constitutional under Wis. Const. art. VIII, secs. 3, 4, 7. (Unpub.). 13-1981
Refunds of taxes erroneously assessed
Section 74.73(2), Stats., provides that where a town, city or village refunds property taxes erroneously assessed as a result of an error or defect of law not caused by such local taxing jurisdiction or an official thereof, such entity is entitled to a credit by the county for that portion of such taxes previously paid over to the county. The statute does not direct that the next county levy be increased by such amount or authorize the county to levy a "special county charge" against such entity to recoup the amount so credited. 77-201
Tax Increment Law
The Tax Increment Law appears constitutional on its face and the Department of Revenue should carry out its duties and responsibilities under the law as directed by the Legislature. 65-194
Tax liens, duration of
The enactment of chapter 20, section 1102c, Laws of 1981, changed the duration of tax liens docketed by the Department of Revenue under section 71.91(5)(b), Stats., from a fixed period of ten years to a period which continues until the tax liability is satisfied. 81-41
Tax payment dates for 1988
When the deadline dates for making property tax installment payments fall on Sundays, the deadlines for making personal payments and postmarking mailed payments are extended to the next business days, which in 1988 are February 1 and August 1. To satisfy section 74.025, Stats., the proper official should receive mailed payments within five days of those dates, not within five days of January 31 and July 31. 77-1
Taxation
A Wisconsin law patterned on Illinois' law which provides that improvements to real property would be assessed on the date of the completion of the improvements would be unconstitutional under article VIII, section 1 of the Wisconsin Constitution. 81-94
Taxes erroneously assessed
Section 74.73(2), Stats., provides that where a town, city or village refunds property taxes erroneously assessed as a result of an error or defect of law not caused by such local taxing jurisdiction or an official thereof, such entity is entitled to a credit by the county for that portion of such taxes previously paid over to the county. The statute does not direct that the next county levy be increased by such amount or authorize the county to levy a "special county charge" against such entity to recoup the amount so credited. 77-201
Uniformity clause
A Wisconsin law patterned on Illinois' law which provides that improvements to real property would be assessed on the date of the completion of the improvements would be unconstitutional under article VIII, section 1 of the Wisconsin Constitution. 81-94
PROTECTIVE OCCUPATION
See LAW ENFORCEMENT
PSYCHOLOGY EXAMINING BOARD
Psychology Examining Board
Psychology Examining Board can require a letter articulating specialties licensee intends to include in his/her practice. (Unpub.). 75-1976
PUBLIC ACCESS
See also NATURAL RESOURCES, DEPARTMENT OF; PLATS AND PLATTING
Fish from state hatcheries
Department of Natural Resources has the power under secs. 29.50 and 30.77, Stats., to withhold stocking with fish from state hatcheries from bodies of water where public access is inadequate. Determination of adequacy of access rests on consideration of reasonableness of fee charged for use of public boat launching facilities as well as quantity of parking facilities provided. The Department may, but is not bound to, require that reasonable access be afforded at all times to the general public. Larger fees may in some circumstances be imposed on larger boats, and large boat access probably could be regulated. Provision of special facilities for the handicapped is encouraged but not required. 68-233
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
Subdivision
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
PUBLIC ADMINISTRATOR
Abolition of the Office
Abolition of the Office of Public Administrator, effective January 1, 1974, by ch. 90, Laws of 1973, requires that such officers submit their final reports and claims for fees as soon after 1973 as possible in order to obtain reimbursement without undue delay and complications. 62-245
Reimbursement
Abolition of the Office of Public Administrator, effective January 1, 1974, by ch. 90, Laws of 1973, requires that such officers submit their final reports and claims for fees as soon after 1973 as possible in order to obtain reimbursement without undue delay and complications. 62-245
Retirement
Public administrators are public officials and, therefore, includable as "employes" under the Federal-State Social Security coverage agreement. Public administrators may be properly excluded by act of the Legislature from future coverage under the Wisconsin Retirement Fund and State Group Life Insurance. 62-20
PUBLIC ASSISTANCE
