2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.15 - Sale of state-owned lands under the jurisdiction of the department of natural resources.

23.15
Sale of state-owned lands under the jurisdiction of the department of natural resources.
(1)
The natural resources board may sell, at public or private sale, lands and structures owned by the state under the jurisdiction of the department of natural resources, except central or district office facilities, when the natural resources board determines that the lands are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under s. 16.310 (2).
(2)
Said natural resources board shall present to the governor a full and complete report of the lands to be sold, the reason for the sale, the price for which said lands should be sold together with an application for the sale of the same. The governor shall thereupon make such investigation as the governor deems necessary respecting said lands to be sold and approve or disapprove such application. If the governor shall approve the same, a permit shall be issued by the governor for such sale on the terms set forth in the application.
(2m)
(a)
Notwithstanding sub. (1), the natural resources board shall sell, at fair market value, land in the lower Wisconsin state riverway, as defined in s. 30.40 (15), that is not exempt under s. 30.48 (2) and that is acquired by the department after August 9, 1989, if all of the following conditions are met:
1.
The land was acquired for its scenic value to the lower Wisconsin state riverway and not for any other purpose.
2.
The land was not donated to the state.
3.
The sale of the land does not impair the scenic value of the lower Wisconsin state riverway.
4.
The department retains an easement and all other rights that are necessary to preserve the scenic value of the lower Wisconsin state riverway.
(b)
Notwithstanding sub. (1), the natural resources board is not required to make a finding that land to be sold under par. (a) is no longer necessary for the state's use for conservation purposes.
(c)
The procedure in sub. (2) does not apply to sales of land under this subsection.
(3)
Upon completion of such sale, the chairperson and secretary of the natural resources board, or the secretary of natural resources, if the secretary is duly authorized by the natural resources board, shall execute such instruments as are necessary to transfer title and the natural resources board or its duly authorized agents shall deliver the same to the purchaser upon payment of the amount set forth in the application.
(4)
The natural resources board shall deposit the proceeds from any sale of lands or structures under this section in the conservation fund to be used to acquire land, as provided in s. 23.09 (2) (d), or easements, as provided in s. 23.094 (3), or to develop land or easements. If the land or structures were initially purchased by the department with federal moneys, the department shall comply with any limitations on the use of the proceeds from the sale of the land or structures. The proceeds from any sale of lands or structures under this section may not be used to fund full-time equivalent positions or to pay program administration costs, other than costs payable to the department of administration.
(5)
(a)
In this subsection, “surplus land" means land under the jurisdiction of the department which is unused and not needed for department operations or included in the department's plan for construction or development.
(b)
Biennially, beginning on January 1, 1984, the department shall submit to the state building commission and the joint committee on finance an inventory of surplus land containing the description, location and fair market value of each parcel.
(5m)
Biennially, beginning on December 30, 2021, the department shall submit a report on land sales to the joint committee on finance and the senate and assembly standing committees having jurisdiction over environment, forestry, and natural resources matters regarding land sales. The department shall include in its report a list of all parcels that were approved for sale by the natural resources board under this section during the previous fiscal biennium. For each listed parcel, the department shall identify the location, acreage, proposed sale price, and reason for sale and shall indicate if the parcel was sold, is still for sale, or was removed from the market before sale, and provide an explanation for the parcel's sale status. The department shall include an accounting of the total revenue received from land sales under this section during the previous fiscal biennium and detail how the proceeds from land sales under this section were allocated during the previous fiscal biennium.
(6)
This section does not apply to property that is authorized to be sold under s. 16.848 or that is required to be sold or offered for sale under s. 23.145.
History:  1983 a. 27; 1983 a. 423 s. 3; Stats. 1983 s. 23.15; 1989 a. 31; 1991 a. 39, 316; 1993 a. 184; 2003 a. 33; 2005 a. 25; 2007 a. 20; 2011 a. 32; 2013 a. 20; 2021 a. 27.
Nothing in this section, including its other procedural requirements relating to land sales, empowers private parties alleging environmental injuries to use s. 227.52 or 227.53 to challenge the Natural Resources Board's decisions under this land-management provision. Friends of the Black River Forest v. Kohler Co., 2022 WI 52, 402 Wis. 2d 587, 977 N.W.2d 342, 19-0299.