Transportation, Department of
The Department of Transportation's contracting authority under sec. 84.01(13), Stats., is not limited to traditional engineering or surveying services. The Department is given the discretion to decide what special expertise it needs and the most practical and economical means to obtain it in connection with its highway program activities. (Unpub.). 35-1982
REGISTER IN PROBATE
Certified copy of record
The alphabetical index which the Register in Probate must maintain pursuant to section 851.72(5) is not a court record and thus is open to public access under sections 59.14(1) and 19.31. The index may not, however, contain results of proceedings under chapters 55 and 880. The $4.00 search fee of section 814.66(1)(j) applies only when a person fails to furnish the docket or file number or when a search is conducted to ascertain the existence or non existence of a record. The charge for a one page certified copy from the Register in Probate or Clerk of Court is comprised of an initial $3.00 certifying fee and a $1.00 per page fee and is thus $4.00. 73-16
Closing of records
Section 880.33(6), Stats., requires closing only of documents filed with the Register in Probate with respect to ch. 880 proceedings while sec. 55.06(17), Stats., requires the closing of all records filed with respect to ch. 55 proceedings including index, docket and files maintained by the Register in Probate. 67-130
County Treasurer
Section 851.74(3), Stats. (1977), which requires registers in Probate to make payments to the County Treasurer on the first Monday of each month, does not preclude more frequent payments. 68-117
Discrimination
A Register in Probate is protected by the Fair Employment Act, which protection is not affected by a defect in the appointment. 67-169
Filing fees
Filing fees provided in sec. 253.34(1)(a), Stats., should be charged in informal probate proceedings authorized by ch. 865, Stats., created by ch. 39, Laws of 1973. 62-308
The time of the filing of the inventory of the estate, not the time of filing the petition for probate, determines the applicable filing fee. (Unpub.). 62-1987
Inheritance tax
Section 253.34(1)(a), Stats., dealing with filing fees was not amended by ch. 310, Laws of 1971, which amended inheritance tax rules on survivorship interests. 62-32
Official of the county court
A probate registrar is an official of the county court and secs. 256.22 and 59.40, Stats., would prohibit an attorney who serves as probate registrar from practicing law in county court. 63-55
REGISTER OF DEEDS
See also DEEDS; VITAL STATISTICS
Certified copies of birth, death and marriage records
Consistent with his or her respective powers and duties under sections 69.03 and 69.05, Stats., and with the specific uniformity requirement of section 69.03(7), a local registrar does not possess the power to adopt and implement procedures more stringent than those directed by the state registrar of vital statistics for issuing certified copies of a vital record under section 69.21(1). 80-35
The amount payable to a Register of Deeds for issuing certified copies of birth, death and marriage records is $4 if the Register must search for the records but $1 if no search is necessary. 68-311
Certified survey maps
"Mylar" may not be utilized in the place of "durable white paper" in the making of certified survey maps to be recorded in the office of the Register of Deeds, under the provisions of sec. 236.34(1), Stats. (Unpub.). 10-1976
Common-law liens"
Registers of Deeds have no obligation under law to file or record "common law liens," or "common-law writs of attachment" because such instruments do not, as a matter of law, affect an interest in land or personal property, and are frivolous on their face. 69-58
Compatibility
The offices of Register of Deeds and school board member of a common school district are compatible. (Unpub.). 79-1976
County
A county Register of Deeds must record Department of Natural Resources' orders under the Forest Croplands Program, sec. 77.02(3), Stats., and the Woodland Tax Law, sec. 77.16(3), Stats., notwithstanding sec. 59.57(12), Stats., which requires that recording fees be paid in advance of recordation. 66-246
Death certificate
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
Duties
A register of deeds may not refuse to record instruments that are recordable under state law but are not in compliance with a county subdivision ordinance requiring the preparation of a certified survey map in connection with certain land divisions, even if requested or directed to do so by county ordinance. 79-40
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
Register of Deeds is not authorized to collect and forward to the county court fees set forth in sec. 253.34(1)(a), Stats., where sec. 867.045, Stats., is used for administrative joint tenancy termination for homes. Register of Deeds can administer oath under sec. 867.045(2)(b), Stats. 62-192
Microfilm
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
Photocopies
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
Plats
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
Public lands
Requirements for relocating, 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
Real estate 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
Restrictive covenants in documents
A county board lacks statutory authority to enact ordinances directing the register of deeds to refuse to record documents containing restrictive covenants or requiring the register of deeds to place notices on liber volumes and copies of real estate documents, directing the public's attention to the possibility that such covenants may be legally unenforceable. 77-262
Survey maps
Certified survey maps provided for by sec. 236.34, Stats., are corrected by subsequent recording of corrected survey maps. 66-90
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 to or mentions an indexed tract or any part thereof. 63-254
When in its judgment the existing tract index, for any reason, is unfit, unreliable or unserviceable, the county board of any county may contract with a competent person for the compilation of a new and corrected tract index. A performance bond may be required. 65-258
REGISTERED NURSES
See NURSES
REGULATION AND LICENSING, DEPARTMENT OF
Acquired Immune Deficiency Syndrome
