Wisconsin Legislature: Survey

See also LAND

County Board

A resurvey of the public lands under sec. 59.635(8), Stats., requires reestablishing all corner posts placed by government surveyors in the original survey of the public lands. If a county board approves a resurvey program under sec. 59.635(8), Stats., the resurvey must be completed in twenty years or less and at least 5 percent of the resurvey must be completed each calendar year. 66-134

County forest lands

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 owned mineral rights

Counties may not transfer county owned mineral rights acquired through nonpayment of taxes, to private persons without following the appraisal and public sale provisions of sec. 75.69, Stats. Under sec. 59.07(1)(c), Stats., counties may make gifts of land or interests in lands only to enumerated public entities. 67-236

Eminent domain

Limited to a specific fact situation the Department of Natural Resources need not comply with the eminent domain procedure of ch. 32, Stats., when acquiring property if there is a bona fide intention not to condemn the property sought, but it must comply with Wisconsin Relocation Assistance Law if it has the statutory power to condemn the property acquired. 68-3

Legislation

Proposed statutory language to ch. 24, Stats., does not meet constitutional and other standards. Alternate proposal offered. (Unpub.). 14-1981

Mineral rights

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

Nonpayment of taxes

An interested person may redeem land sold for the nonpayment of taxes up until the time a tax deed conveying the same is recorded. 63-592

State

State reservation of land and interests in lands under ch. 452, Laws of 1911 and sec. 24.11(3), Stats., discussed. 65-207

Survey

Requirements for relocation, establishing and perpetuation of the corners of the survey of the public lands discussed. Section 60.38, Stats., requires that resurveys of the public lands be recorded with the Register of Deeds in the county where the resurveyed land is located and kept as the county board directs by resolution as long as a separate index is maintained. 66-126

PUBLIC LANDS, COMMISSIONERS OF

State

Legislature may direct Public Land Commissioners to invest monies from sale of public lands in student loans but may not direct a specific investment. That portion of 17 OAG 516 (1929) inconsistent with this opinion is repudiated. 65-28

State reservation of land and interests in lands under ch. 452, Laws of 1911 and sec. 24.11(3), Stats., discussed. 65-207

Student loans

Trust funds

The Board of Commissioners of Public Lands may not disburse funds in an amount less than that stated on the application submitted by a municipality for a loan from the trust fund which the Board administers. (Unpub.). 8-1981

PUBLIC NOTICE

See NEWSPAPERS; OPEN MEETING

PUBLIC OFFICIALS

See also CIVIL SERVICE; COMPATIBILITY; SALARIES AND WAGES and individual titles such as DISTRICT ATTORNEY

Alderperson

Compatibility of the office of alderperson with positions of city employe, teacher in city school district and firefighter discussed in general terms. 67-177

Where, as a result of the alteration of the county board supervisory districts, a supervisor's residence is left outside the district he or she represents, the supervisor may continue to represent that district until the expiration of his term. When a city has combined the offices of alderman and county board supervisor where the aldermanic and supervisory boundaries are coterminous, the county board retains its discretion to decide whether to alter the supervisory districts after the city has annexed territory. 76-10

Appointees

Individual appointed to fill vacancy in office of sheriff is entitled to same salary as predecessor. County board may increase but cannot decrease such compensation during term of such officer (Unpub.). 1-1975

Status of appointees to newly created state offices discussed. De facto status of such officers discussed. 66-33

The senate may not appoint a commissioner to fill a vacancy in a term which will not occur during the extant session of the senate. In the present case, the provisional appointment for the vacancy in the term ending March 1, 1985, was valid, but the appointment for a full term beginning March 1, 1985, and ending on March 1, 1991, was invalid. The acts of the commissioner holding over in office are valid. 76-272

Assemblyperson

The assembly districts altered as to boundaries and renumbered by 1983 Wisconsin Act 29, became effective July 20, 1983. An assemblyperson is a constitutional state public officer who must be a resident and elector of the district he or she is chosen to represent. An incumbent assemblyperson continues to represent the district from which he or she was chosen, as altered as to boundaries and as renumbered. Limitations on in-district travel and mass mailings to constituents discussed. 72-172

Attorneys

The members of the Board of Attorneys Professional Responsibility and the members of the Professional Responsibility Committees are officers within the meaning of secs. 895.34 and 895.46, Stats., and are protected by civil immunity when acting within the scope of their office in the absence of malicious, willful and intentional misconduct. (Unpub.). 48-1978

The State Bar of Wisconsin is a state agency created by the constitutional authority of the Supreme Court. The authorized functions of the State Bar may come under the "state action" exemption to the antitrust laws and the procedures employed by the Unauthorized Practice Committee and the Ethics Committee appear to provide due process but specific opinions in this regard must be given on a case-by-case basis. Volunteer lawyers giving free legal advice in the "Lawyer Hotline" program are agents of the State Bar and are entitled to common law immunity and indemnification under section 895.46(1)(a), Stats. 75-153

Banking Review Board

Banking Review Board members are not authorized to act in cases involving banks in which they or their spouses own stock. 75-197

Board memberships of various kinds

Persons appointed by County Executive and confirmed by County Board to County Veterans Service Commission, single county 51.42 Board or County Institutions Board serve for statutory term as stated in years and until their successors are appointed, confirmed and qualified. Persons appointed to vacancies in such positions also serve until their successors are appointed, confirmed and qualified. Difference between personal term of officer and statutory term which pertains to office discussed. 73-99

Bribery

Article XIII, section 11 of the Wisconsin Constitution discussed. 77-237

Budget bills

Section 16.49, Stats., does not prohibit or restrict an officer or employe from informing citizens of budget deliberations or suggesting that those citizens inform their elected officials of their opinions. 77-59

Business interests

Section 15.06(3)(a), Stats., does not prohibit a commissioner from having any business interests. It prohibits a commissioner from pursuing business interests which would prevent him or her from properly fulfilling the duties of the office of commissioner and precludes a commissioner from holding any public or private office or position of profit. 77-36

Code of Ethics ordinance

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. Violation is not a neglect of duties required by law under sec. 59.10, Stats., or ipso facto cause for removal from office under sec. 17.09(1), Stats. 66-148

Questions concerning proposed county Code of Ethics ordinance answered. 1. A county board may provide for a forfeiture but not a fine for violations of an ordinance. 66 OAG 148 (1977). 2. A county board lacks the authority to prohibit county clerk (Election Commission in Milwaukee County) from placing on ballot candidates who have not complied with Code of Ethics ordinance. 3. County board lacks the authority to order the withholding of salary of elected officials who fail to comply with a Code of Ethics ordinance. 4. The county board lacks authority to prohibit county officers from acting as agent or attorney for an entity other than the county in connection with any transaction involving the county in which such officers participate during the course of their service for a period of twelve months after leaving county service. 5. A board created by the county board, unless it is a committee of the county board, lacks au

Commission members; indemnification protection

Where a commission is created by two villages, acting pursuant to section 66.30, Stats., for a joint exercise of a power possessed by such villages, its voting members, whether drawn from the governing bodies of such villages or from citizen-residents thereof, are public officers who enjoy the indemnification protection provided by section 895.46(1). A non-voting member of such commission, who cannot serve as an officer thereof, and whose sole power and duty is to provide "input" to the commission relative to the particular needs of the corporation appointing him/her to the commission is neither a public officer nor a public employe, so as to enjoy the indemnification protection of section 895.46(1). Moreover, such non-voting commission member is not entitled to such protection as an agent of any department of the State of Wisconsin. 74-208

Commissioners