The Department of Natural Resources is not governed by section 190.08, Stats., relating to the duty of corporations to maintain bridges and other structures, where the Department of Natural Resources has acquired abandoned railroad property for the purpose of developing hiking and biking trails. 77-106
Drug testing of engineers
Federal legislation has explicitly preempted the field of rail safety and not conferred authority on state or local law enforcement officials to conduct drug tests of locomotive engineers involved in grade crossing accidents in Wisconsin. However, this legislation does not preempt state regulation of drugs and narcotics. Thus, state or local law enforcement officials acting pursuant to their authority to enforce the state's general criminal statutes may conduct drug tests of locomotive engineers provided that the testing comports with the fourth amendment. 81-78
Mineral rights
Section 192.71, Stats., does not give the State a beneficial ownership interest in mineral estates reserved by railroad corporations from lands received from the public domain to aid in the construction of railroads under federal land grants of 1856 and 1864. 69-204
Public officials
Article XIII, section 11 of the Wisconsin Constitution does not prohibit bona fide tours of railroad facilities conducted by rail. 79-137
RATTLESNAKES
See BOUNTIES
REAL ESTATE
Abstracts"
Although Register of Deeds can utilize microfilm and photocopies with county board approval, use of a photocopy of writs of attachments and certificates of sale of real estate would not, even with index, be a substitute for the separate indexed book or register of "abstracts" of such documents required by sec. 59.54, Stats. 67-114
Assessments
Section 70.325, Stats., violates article VIII, section 1 of the Wisconsin Constitution. 77-128
Brokers
A person who for a fee files applications for others in federal mineral lottery with respect to securing oil or mining lease rights on federal lands, and who for further fee offers to negotiate with lease brokers for sale of such rights, is required to be licensed as a real estate broker if such leases constitute an interest in real estate in state where located. (Unpub.). 107-1977
County
A county may acquire real estate owned by a private fair association without referendum where it does not intend to conduct county fairs or exhibitions on such property itself. (Unpub.). 4-1975
Subsections (5), (6) and (7) of section 75.35, Stats., created by 1987 Wisconsin Act 27 first apply to sales of property the county acquired at a section 74.39 tax sale on or after the effective date of section 3203(47)(c) of 1987 Wisconsin Act 27. 77-133
County Board Supervisor selling real estate to county
Where the county board as a whole must decide whether to purchase land, a county board supervisor would violate section 946.13(1)(a), Stats., if land owned by his partnership was sold to the county for a purchase price in excess of $5,000. 76-90
Criminal law
Section 77.27, Stats., is violated when value is intentionally falsified on a Wisconsin Real Estate Transfer Return. Falsely declaring a transfer as a sale when it is in fact a gift does not constitute a violation of sec. 77.27, Stats., nor will it support the issuance of a false swearing complaint under sec. 946.32, Stats., but it may constitute a gift tax avoidance in violation of sec. 72.86(6), Stats. 62-251
Draftsman
Section 59.513, Stats., which requires identification of the draftsman in order to be a recordable instrument does not apply unless the instrument affects real estate in the manner described in the statute. 63-594
Industrial development revenue bond financing
A project for a golf course and residential real estate development is not eligible for industrial development revenue bond financing, although a golf course independent of a residential real estate development would qualify as a permissible project under sec. 66.521(2)(b)11., Stats. Discussion of the term "recreational facility." (Unpub.). 90-1977
Investment Board, Wisconsin
Board has authority to voluntarily contribute money to a private improvement association for street improvements, if the improvements will directly benefit the Board's property. 65-85
Liens
State of limitations is no defense to old age assistance liens which survive the repeal of sec. 49.26, Stats. (Unpub.). 75-1976
Old-age-assistance lien foreclosure
Under sec. 49.26, Stats., a county department of social services, by its directors, may make valid conveyance of real estate acquired by the department as a result of old-age-assistance lien foreclosures or transfers in lieu thereof, or as the result of assignments to the department made by the county court in probate or administration proceedings in the estates of old-age-assistance recipients or of out-of-state real property voluntarily transferred to the department. 63-488
Rental unit energy efficiency statute
The rental unit energy efficiency statute, section 101.122, Stats., applies to the state. 76-207
Schools and school districts
Subject to approval of the fiscal board or the city council, a city school district has the authority to sell real and personal property no longer used for school purposes. Under sec. 120.56(2), Stats., money received from such sales must be placed in a sinking fund under the control of the fiscal board to be used for educational purposes. Municipalities may enter into an agreement with a joint school district to provide for the sale or transfer of property being used by the school district for educational purposes. Such agreement may provide for the payment of the purchase price in services, materials or property provided that the value of such purchase price constitutes the fair market value. 66-272
Statute of limitations
Statute of limitations is no defense to old-age-assistance liens which survive the repeal of sec. 49.26, Stats. (Unpub.). 75-1976
Tax sale
Subsections (5), (6) and (7) of section 75.35, Stats., created by 1987 Wisconsin Act 27 first apply to sales of property the county acquired at a section 74.39 tax sale on or after the effective date of section 3203(47)(c) of 1987 Wisconsin Act 27. 77-133
Taxation
Section 70.325, Stats., violates article VIII, section 1 of the Wisconsin Constitution. 77-128
Tract index system
In a county maintaining a tract index system, the Register of Deeds must enter into the index any deed, mortgage or other instrument recorded in his office which affects title or mentions an indexed tract or any part thereof. 63-254
Transfer fee
Section 77.22, Stats., requires the Register of Deeds to enter the amount of real estate transfer fee paid on the face of the deed. The information on the return is confidential, but this confidential status is qualified by sec. 77.23, Stats., with respect to the Department of Revenue and local assessors. (Unpub.). 25-1976
REAL ESTATE BROKERS
Corporations
A corporation cannot be licensed as a real estate salesperson under ch. 452, Stats. (1979-80), or as revised by ch. 94, Laws of 1981. 71-38
Independent contractor agents
A corporation not licensed as a real estate broker does not violate ch. 452, Stats., if it allows its nonlicensed employes to negotiate for and sign apartment leases of property owned by the corporation. Permitted limits of nonlicensed independent contractor agents discussed. 70-23
Licenses and permits
A person who for a fee files applications for others in federal mineral lottery with respect to securing oil or mining lease rights on federal lands, and who for further fee offers to negotiate with lease brokers for sale of such rights is required to be licensed as a real estate broker if such leases constitute an interest in real estate in state where located. (Unpub.). 107-1977
Name changes
Real Estate Examining Board cannot prescribe the name to be used on an application for real estate broker's license. Under sec. 296.36, Stats., the Board should routinely accept name changes of licensed brokers, unless detriment to the public, another professional or the profession is shown. Sex and marital status of the new or renewal license applicant do not justify special procedures or requirements as to names. Use of two names discussed. 66-21
Nonresident
Section 452.11(1), Stats., requiring nonresident real estate brokers to maintain an active place of business and prohibiting them from employing brokers or salespersons in this state, is unconstitutional since it violates the privileges and immunities clause of the United States Constitution. 77-109
