reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.77 - Jury trial.

23.77
Jury trial.
(1)
If in circuit court either party files a written demand for a jury trial within 20 days after the court appearance date and immediately pays the fee prescribed in s. 814.61 (4), the court shall place the case on the jury calendar. The number of jurors shall be determined under s. 756.06 (2) (b). If no party demands a trial by jury, the right to trial by jury is permanently waived.
(3)
If there is a demand for a trial by jury, the provisions of s. 345.43 (3) (a) and (b) are applicable.
History:  1975 c. 365; 1977 c. 305, 318, 447; 1977 c. 449 s. 497; 1979 c. 175 s. 53; 1981 c. 317; 1995 a. 427; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.78 - Verdict.

23.78
Verdict.
A verdict is valid if agreed to by five-sixths of the jury. If a verdict relates to more than one count, it shall be valid as to any count if any five-sixths of the jury agree thereto. The form of the verdict shall be guilty or not guilty. The amount of the forfeiture shall be stated by the court after a finding of guilty.
History:  1975 c. 365.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.79 - Judgment.

23.79
Judgment.
(1)
If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture provided by the statute for the violation, plus costs, fees, and surcharges imposed under ch. 814.
(2)
The payment of any judgment may be suspended or deferred for not more than 90 days in the discretion of the court. In cases where a deposit has been made, any forfeitures, costs, fees, and surcharges imposed under ch. 814 shall be taken out of the deposit and the balance, if any, returned to the defendant.
(3)
In addition to any monetary penalties, the court may order the defendant to perform or refrain from performing such acts as may be necessary to fully protect and effectuate the public interest. The court may order abatement of a nuisance, restoration of a natural resource, restoration of an archaeological feature subject to the prohibition under s. 23.095 (1m), or other appropriate action designed to eliminate or minimize any environmental damage caused by the defendant.
(4)
The court may, where provided by law, revoke or suspend any or all privileges and licenses.
(5)
All civil remedies are available in order to enforce the judgment of the court, including the power of contempt under ch. 785.
History:  1975 c. 365; 1977 c. 29; 1979 c. 32 s. 92 (13); 1979 c. 34; 1985 a. 36; 1987 a. 27; 1991 a. 39; 1995 a. 391; 1997 a. 27; 2003 a. 139.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.795 - Nonpayment of judgments.

23.795
Nonpayment of judgments.
(1)
If a defendant fails to timely pay a judgment entered under s. 23.75 (3) (a) 2. or 23.79, the court may issue an arrest warrant or a summons ordering the defendant to appear in court or both. If the defendant appears before the court pursuant to a warrant or summons or the defendant otherwise notifies the court that he or she is unable to pay the judgment, the court shall conduct a hearing. If the defendant failed to pay the forfeiture, the court shall determine if the defendant is unable to pay the amount specified in the judgment for good cause or because of the defendant's indigence. If the court determines that the failure of the defendant to comply with the judgment is for good cause or because of the defendant's indigence, the court may order that the amount of the judgment be modified, suspended or permanently stayed. If the defendant fails to appear before the court for a hearing under this subsection or if the court determines at the hearing that the failure of a defendant to pay the judgment is not for good cause or not because of the defendant's indigence, the court shall order one of the following:
(a)
That the defendant be imprisoned for a time not to exceed 5 days or until the amount is paid, whichever is less.
(b)
That the amount of the judgment be modified, suspended or permanently stayed.
(2)
In lieu of an order of imprisonment under sub. (1) (a) for a violation of ch. 29, the court may revoke or suspend any privilege or approval granted under ch. 29 as provided in s. 29.971 (12).
(3)
In lieu of an order of imprisonment under sub. (1) (a) for a violation of ch. 169, the court may revoke or suspend any privilege or license granted under ch. 169 as provided in s. 169.45 (6).
(4)
In lieu of an order of imprisonment under sub. (1) (a) for a violation of s. 90.21, the court may suspend any fence inspection certificate issued under s. 90.21, as provided in s. 90.21 (8) (b).
History:  1993 a. 156; 1997 a. 248; 2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.80 - Judgment against a corporation or municipality.

23.80
Judgment against a corporation or municipality.
(1)
If a corporation or municipality fails to appear within the time required by the citation or summons, the default of such corporation or municipality may be recorded and the charge against it taken as true and judgment shall be rendered accordingly.
(2)
Upon default of the defendant corporation or municipality, or upon conviction, judgment for the amount of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, shall be entered.
History:  1975 c. 365; 1977 c. 29; 1979 c. 34; 1985 a. 36; 1987 a. 27; 1991 a. 39; 1997 a. 27; 2003 a. 139.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.81 - Effect of plea of no contest.

23.81
Effect of plea of no contest.
Forfeiture of deposit under s. 23.75 (3) (b), an accepted plea of no contest under s. 23.70, or a stipulation of no contest under s. 23.75 (3) (c) to a charge of violation of a natural resources law shall not be admissible in evidence as an admission against interest in any action or proceeding arising out of the same occurrence.
History:  1975 c. 365.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.83 - Appeal.

23.83
Appeal.
(1)
Jurisdiction on appeal. Appeal may be taken by either party. On appeal from the circuit court, the appeal is to the court of appeals.
(2)
Stay of execution. The amount of undertaking required to stay execution on appeal shall not exceed the amount of the maximum forfeiture, plus costs, fees, and surcharges imposed under ch. 814.
(3)
Procedure on appeal. An appeal to the court of appeals shall be in accordance with chs. 808 and 809.
History:  1975 c. 365, 421; 1977 c. 187, 305, 449; 1979 c. 34; 1985 a. 36; 1991 a. 39; 2003 a. 139.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.84 - Forfeitures, costs, fees, and surcharges collected; to whom paid.

23.84
Forfeitures, costs, fees, and surcharges collected; to whom paid.
Except for actions in municipal court, all moneys collected in favor of the state or a municipality for a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, shall be paid by the officer who collects the same to the appropriate municipal or county treasurer, within 20 days after their receipt by the officer, except that all jail surcharges imposed under ch. 814 shall be paid to the county treasurer. In case of any failure in the payment, the municipal or county treasurer may collect the payment from the officer by an action in the treasurer's name of office and upon the official bond of the officer, with interest at the rate of 12 percent per year from the time when it should have been paid.
History:  1975 c. 365; 1977 c. 29, 305; 1979 c. 34; 1979 c. 110 s. 60 (13); 1985 a. 36; 1987 a. 27; 1991 a. 39; 1997 a. 27; 2003 a. 139.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.85 - Statement to county board; payment to state.

23.85
Statement to county board; payment to state.
Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, costs, fees, and surcharges imposed under ch. 814 and received during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, costs, fees, and surcharges from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, costs, fees, and surcharges to the county treasurer, who shall pay the proceeds to the state as provided in s. 59.25 (3). Jail surcharges imposed under ch. 814 shall be treated separately as provided in s. 302.46 and moneys collected from the crime prevention funding board surcharge under s. 973.0455 (2) shall be treated separately as provided in s. 973.0455 (2).
History:  1975 c. 365; 1977 c. 29; 1979 c. 34; 1985 a. 36; 1987 a. 27; 1989 a. 107; 1991 a. 39; 1995 a. 201; 2003 a. 33, 139, 326; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.90 - Place of trial.

23.90
Place of trial.
(1)
Civil actions shall be tried in the county where the offense was committed, except as otherwise provided.
(2)
Where 2 or more acts are requisite to the commission of any offense, the trial may be in any county in which any of such acts occurred.
(3)
Where an offense is committed on or within one-fourth of a mile of the boundary of 2 or more counties, the defendant may be tried in any of such counties.
(4)
If an offense is commenced outside the state and is consummated within the state, the defendant may be tried in the county where the offense was consummated.
(5)
If an offense is committed on boundary waters at a place where 2 or more counties have common jurisdiction under s. 2.03 or 2.04 or under any other law, the prosecution may be in either county. The county whose process against the offender is first served shall be conclusively presumed to be the county in which the offense was committed.
(6)
If an offense results from the violation of a prohibition against breaking, removing, interfering with, altering, forging, or misrepresenting an approval or proof of an approval issued under ch. 29 or a prohibition under ch. 29 against counterfeit approvals or illegally obtained approvals and the offense was committed outside of this state, the defendant may be tried in Dane County.
(7)
In an action under s. 23.33 (2h) (a) 1. for intentionally making a false statement on an application for a registration, the defendant may be tried in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the all-terrain vehicle or utility terrain vehicle if purchased from a dealer, or in the county where the department of natural resources received the application.
History:  1975 c. 365; 2015 a. 89; 2019 a. 183.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.99 - Parties to a violation.

23.99
Parties to a violation.
(1)
Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
(2)
A person is concerned in the commission of the violation if the person:
(a)
Directly commits the violation;
(b)
Aids and abets the commission of it; or
(c)
Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
History:  1975 c. 365.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.01 - Definitions and classification.

24.01
Definitions and classification.
In chs. 23 to 29, unless the context requires otherwise or unless otherwise defined:
(1)
“Agricultural college lands" embraces all lands granted to the state by an act of congress entitled “An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.
(2)
“Board" means the board of commissioners of public lands, except that this definition does not apply to ch. 25.
(3)
“Department" means department of natural resources.
(4)
“Marathon County lands" embraces all lands acquired by the state pursuant to chapter 22 of the general laws of 1867, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.
(5)
“Normal school lands" embraces all parcels of said “swamp lands" which the legislature has declared or otherwise decided, or may hereafter declare or otherwise decide, were not or are not needed for the drainage or reclamation of the same or other lands, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.
(6)
“Public lands" embraces all lands and all interests in lands owned by the state either as proprietor or as trustee which constitute any part of the lands defined or specified in this section.
(7)
“School lands" embraces all lands made a part of “the school fund" by article X, section 2, of the constitution, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.
(8)
“Secretary" means secretary of natural resources.
(9)
“Swamp lands" embraces all lands which have been or may be transferred to the state pursuant to an act of congress entitled “An act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits," approved September 28, 1850, or pursuant to an act of congress entitled “An act for the relief of purchasers and locators of swamp and overflowed lands," approved March 2, 1855, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.
(10)
“University lands" embraces all lands the proceeds of which are denominated “the university fund" by article X, section 6, of the constitution, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.
(11)
“Warden" means conservation warden, and includes county, special and deputy conservation wardens.
History:  1977 c. 9; 1981 c. 390; 1983 a. 189, 192; 1987 a. 119; 1997 a. 27; 1999 a. 83.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.02 - Addition to the public lands.

24.02
Addition to the public lands.
Addition to any class of lands specified in s. 24.01, except lands purchased for forest reserve and Marathon County lands, may be effected by grant, conveyance or devise made as a donation to the state for the purpose of the fund to which such class belongs. But no such proffered donation shall be accepted until the title of the donor has been examined and approved by the attorney general.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.03 - Escheats.

24.03
Escheats.
The board of commissioners of public lands shall, whenever it shall have reason to believe that any lands have escheated to the state for defect of heirs, cause due inquiry to be made to ascertain the rights of the state, and the attorney general shall bring any suit or action or take any requisite proceeding necessary to protect and secure the rights of the state. The board may either take possession of, or cause to be sued for and recovered as aforesaid when necessary, any real estate believed to have escheated to the state, or may proceed directly to sell all the right, title and interest of the state therein, without first obtaining possession thereof and without establishing title thereto by action.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.04 - Administrative receipts and disbursements.

24.04
Administrative receipts and disbursements.
(1)
Receipts. The board shall collect from purchasers of land a fee of $5 for every certificate and $5 for every patent issued by it. The board shall pay the moneys collected, together with all moneys for expenses of advertising, damages and costs received either by redemption or resale of any public lands forfeited after being sold by the state, into the state treasury to the credit of the common school fund. The executive secretary of the board may take the acknowledgments of the board to all certificates and patents, and no fees may be charged therefor.
(2)
Disbursements. All expenses necessarily incurred in caring for and selling public lands shall be deducted from the gross receipts of the fund to which the proceeds of the sale of the land will be added. Expenses necessarily incurred in caring for public lands may include expenses for reforestation, erosion and insect control, submerged log monitoring, surveys, appraisals, soil surveys and soil mapping activities and other land management practices that serve to protect or enhance the interests of the beneficiaries of the trust funds.
History:  1975 c. 39 s. 734; 1977 c. 418; 1979 c. 34; 1983 a. 423; 1993 a. 16; 1997 a. 27; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.05 - Survey of lands.

24.05
Survey of lands.
Whenever it appears necessary to the board that surveys should be made in order to ascertain the true boundaries of any tract or portion of the public lands, or to enable the board to describe and dispose of any tract or portion of the public lands in suitable and convenient lots, the board may cause all necessary surveys to be made.
History:  2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.06 - Plat of lands.

24.06
Plat of lands.
The board may subdivide any parcel of public lands into smaller parcels or village lots, with streets and alleys if necessary, whenever it believes a larger net price can be obtained by selling the land in smaller parcels or lots. A survey and plat of the subdivision, verified by its maker as true and correct, shall be returned and recorded in the office of the board, and the parcels or lots designated on the survey and plat shall be appraised before the parcels or lots are offered for sale. The subdivision shall be ordered, the proceedings for the subdivision governed, and the appraisal made in substantial compliance with s. 24.08.
History:  2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.07 - Sale of land with water power.

24.07
Sale of land with water power.
Whenever a water power exists upon any public lands offered for sale the board may sell together all the tracts or lots upon which such water power is situated and such other tracts or lots as are necessary for the use and enjoyment of the same, not exceeding 160 acres, or it may sell each tract or lot separately, as in its opinion the larger proceeds may be derived from such sale.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.08 - Minimum price.

24.08
Minimum price.
(1)
Lands appraised. Every parcel of public land that was never appraised, every parcel of public land forfeited to the state under s. 24.28 and every parcel of land mortgaged to secure any loan of trust funds and bid in by the state at a sale of that land under the mortgage shall be appraised under this section before it is offered or reoffered for sale at public auction, at private sale or exchanged for other lands. These lands may be reappraised whenever necessary.
(2)
Appraiser. The board may make and enter in its minutes an order that any parcel or parcels of the public lands be appraised, describing the lands, appointing an appraiser and stating the reasons why the appraisal is deemed necessary. So far as practical the appraiser shall be a person in the employ of the board, of good character, approved integrity, sound judgment and well acquainted with the public lands; but the board may employ under contract any competent appraiser if it deems it necessary.
(3)
Appraisal. The appraisal shall be made from actual view and at cash value. It shall be in writing and be verified by the affidavit of the appraiser who shall testify that the appraisal is just and was made as required by law. The appraisal shall be filed with the executive secretary of the board and recorded.
(4)
Appraised value, minimum price, government minimum. Such appraised value shall be the minimum price of the land until sold or reappraised. Until an appraisal under this section, the appraisal last heretofore made of any parcel of public land, if any has been made, shall fix the minimum price thereof. Notwithstanding this section no parcel of public land having a minimum price for the sale thereof fixed by the act of congress granting the same to the state, shall be sold for a lesser price than that so fixed.
History:  1973 c. 90; 1983 a. 423; 1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.10 - Procedure at sale.

24.10
Procedure at sale.
(1)
If the sale is to be by public auction, at the time and place specified in the notice under s. 24.09 (1) (d), the board shall commence the sale of the lands described in the notice and thereafter continue the same from day to day, Sundays excepted, between 9 a.m. and the setting of the sun, until all lands described in the notice have been offered. The order of the sale shall be to begin at the lowest number of the sections, townships, and ranges in each county and proceed regularly to the highest, until all then to be sold are offered for sale. Except for lands withheld from sale under s. 24.09 (2), each lot, tract of lands, or collection of tracts of lands to be sold shall be offered at the minimum price fixed by law and shall be cried at public auction long enough to enable every one present to bid. If the minimum price or more is bid, the lot or tract shall be struck off to the highest bidder, but if the minimum price is not bid the tract shall be set down unsold.
(2)
If the sale is to be by sealed bid, the highest bid for any lot, tract of lands, or collection of tracts of lands shall be accepted, unless the highest bid is below the minimum price fixed by law. If the highest bid is below the minimum price fixed by law, then all bids may be rejected. If all bids are rejected or if no bid is received, the board may readvertise the sale, adjourn the sale to a definite date, or withhold the lands from sale pursuant to s. 24.09 (2).
History:  1999 a. 83; 2005 a. 352.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.12 - Forfeit for failure to pay.

24.12
Forfeit for failure to pay.
Every purchaser of any lot or tract at any sale under s. 24.11 shall pay the amount of the purchase money required by the terms of sale to be paid as provided in s. 24.11 (1). If the purchaser refuses or neglects to so pay, the lot or tract bid off by the purchaser shall again be offered for sale. The purchaser shall, for refusing or neglecting to pay, forfeit $25 for each lot or tract bid off by the purchaser, which the board shall, in the name of the state, cause to be immediately sued for and collected, and, when collected, paid into the school fund.
History:  1991 a. 316; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.14 - Rights of swampland purchasers.

24.14
Rights of swampland purchasers.
(1)
In this section, “subject lands" means lands patented to this state as swamp and overflowed lands, or lands patented in lieu of swamp and overflowed lands.
(2)
Any person who has purchased from the United States or entered any subject lands prior to the execution of United States patents to this state for the subject lands, may whenever those entries have been canceled by the United States on account of a conflict with the right and title of this state to the subject lands, purchase the subject lands from this state, prior to the date fixed for the public sale of the subject lands, upon making satisfactory proof to the board that the person is the identical person, or the heir, legal representative, or assign of the person, who purchased or entered the subject lands as provided in this subsection, and upon paying to this state for the subject lands the same price at which the purchase or entries were made from the United States. Nothing contained in this chapter impairs the rights acquired by any person who has preempted any subject lands under the laws of this state.
History:  1999 a. 83; 2005 a. 149; 2009 a. 276.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.145 - State-owned swamplands; proceeds; disposition.

24.145
State-owned swamplands; proceeds; disposition.
(1)
It is declared that none of the swamp and overflowed lands granted to this state pursuant to an act of congress entitled “An Act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits", approved September 28, 1850, and the proceeds derived from the sale of those lands that have not been actually applied for reclamation of those lands, are necessary for the purpose of reclaiming any such swamp and overflowed lands by construction of levees and drains or otherwise.
(2)
All swamp and overflowed lands described in sub. (1) and the proceeds derived from the sale of those lands including those placed and being in the drainage fund pursuant to chapter 537, laws of 1865, that have not been actually applied for the purpose of reclaiming those lands, shall be a part of the normal school fund. This section controls over any inconsistent act or statute.
History:  2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.15 - Private sale.

24.15
Private sale.
All public lands, including forfeited lands and mortgaged lands bid in by the state, which have once been offered or reoffered at public sale and remain unsold, shall be subject to private sale at the minimum price fixed for the sale of the land by law to the person first making application for the purchase of the lands, if the person immediately complies with the term of sale. If 2 or more persons apply at the same time to purchase the same lands under this section, the lands shall be offered to the highest bidder, and the applicant who will pay the highest price shall be the purchaser.
History:  1991 a. 316; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.16 - Applications for private sale.

24.16
Applications for private sale.
Every person making application under s. 24.15 for the purchase at private sale of any public lands shall file in the office of the board an application in writing, describing the lot or tract that the person proposes to purchase by the proper number of the section, township and range, and the subdivision of the section, with the person's name subscribed to the application. The board shall, if the land applied for may then be sold, do all of the following:
(1)
Enter on books kept for that purpose a note of the application, specifying the day when made, the name of the applicant, and the description of the land applied for.
(2)
Give to the applicant a memorandum signed by the executive secretary of the board, stating the application, describing the lot or tract applied for, and stating the price at which the lot or tract may be sold and the amount to be paid at the time of the sale.
History:  1991 a. 316; 1993 a. 16; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.17 - Receipt and certificate.

24.17
Receipt and certificate.
(1)
When the purchaser of any public lands makes payment to the secretary of administration of the amount required to be paid on the sale and, in case of a private sale, produces the memorandum described in s. 24.16, the secretary of administration shall give a receipt to the purchaser for the amount paid, and, unless the sale is wholly for cash, the board shall execute and deliver to the purchaser a duplicate certificate of sale, in which the board shall certify all of the following:
(a)
The description of the land sold.
(b)
The sum paid and the amount remaining due.
(c)
The times, place, and terms of payments.
(d)
That if the payments are made in accordance with the terms stated in the certificate of sale, the purchaser, or the purchaser's assigns or other legal representatives, shall be entitled to a patent for the land.
(e)
That in case of the nonpayment into the state treasury of any of the following, the certificate of sale from the time of the nonpayment shall be void and the board may take possession of and resell the land described in the certificate:
1.
The purchase money as it becomes due.
2.
The interest on the purchase money by the first day of February in each year or on or before the next following June 30th.
3.
Any taxes lawfully assessed on the lands described in the certificate and then remaining unpaid by the purchaser or purchasers or by any person claiming under the purchaser or purchasers.
(2)
When the sale of public lands under sub. (1) is wholly for cash, upon payment of the full purchase price to the secretary of administration, the secretary of administration shall immediately give to the purchaser a receipt stating the amount paid, giving a description of the lot or tract of land sold, and stating that the purchaser is entitled to receive a patent according to law.
History:  1991 a. 316; 2003 a. 33; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.18 - Entry of sale and patent.

24.18
Entry of sale and patent.
When any sale of public lands is made, the board shall make a note of the sale in the book of entries, entering the day of sale, the name of the purchaser, the number of the certificate or patent, the sum paid, the amount of purchase money unpaid, if any, and a description of the lot or tract sold. If the sale is wholly for cash, the board shall immediately execute and deliver to the purchaser a patent for the lot or tract of land so sold. If the land is sold at public auction, the board shall note that fact.
History:  2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.19 - Certificate of sale.

24.19
Certificate of sale.
All original and duplicate certificates of sale issued under s. 24.17 shall be properly numbered, and the original shall be filed in the office of the board. As many distinct lots or tracts of land purchased by one person in one section at the same time as that person requests shall be included in one certificate or one patent, as the case may be. Certificates of sale may be acknowledged and recorded in the same manner as deeds. Certificates of sale may be assigned in writing. The assignment may be acknowledged and recorded in the same manner as deeds, and the assignee shall have the same rights and remedies under the certificate as the original purchaser would have had.
History:  1991 a. 316; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.20 - Payments and accounts.

24.20
Payments and accounts.
All money paid on account of sales of public lands shall be paid to the secretary of administration who shall credit the proper fund with the amount paid, crediting the general fund with the proceeds of sales of Marathon County lands. The secretary of administration or the secretary's designee, upon countersigning the receipt given for the amount paid, shall enter the name of the person making the payment, the number of the certificate, if any, upon which the amount shall be paid, and the time of the payment.
History:  1991 a. 316; 2003 a. 33; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.21 - Accounts with purchasers.

24.21
Accounts with purchasers.
The board shall open and keep an account with each purchaser for every lot or tract of land that is sold, either at public or private sale, in books kept for that purpose, in which the board shall charge the purchaser with the whole purchase money and give the purchaser credit for all the purchaser's payments, making proper charges for interest as it becomes due, and for all taxes returned to it as unpaid by the proper officer. Upon all payments being completed and the patent issued the account shall be balanced.
History:  1991 a. 316; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.22 - Excessive payments to be refunded.

24.22
Excessive payments to be refunded.
(1)
Whenever full payment of the principal due upon any certificate of sale by the state is made subsequent to the payment of the annual interest on the principal, the excess of the interest so paid shall be refunded to the person entitled to the excess payment, from the proper fund, on the warrant of the department of administration.
(2)
In the event of the double or erroneous payment of interest, charges, or taxes on any certificate of sale or loan by the state, the amount erroneously paid shall be refunded in the same manner as excess interest payments under sub. (1).
History:  2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.23 - Title; patents.

24.23
Title; patents.
The title and fee of all public lands shall remain in the state until patents for the land are issued. No patent shall be issued except upon full payment of the purchase money and interest and all taxes returned and lawful charges on the lands being purchased.
History:  2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.24 - Effect of certificate.

24.24
Effect of certificate.
(1)
Except when voided by forfeiture under s. 24.28, a certificate of sale issued under s. 24.17 entitles the purchaser, or the purchaser's heirs or assigns, to all the rents, benefits, and provisions of any lease existing on the lands described in the certificate at the time of the land purchase and accruing after the purchase. The certificate of sale is sufficient evidence of title and vests in the purchaser, or the purchaser's heirs and assigns, the same rights of possession, enjoyment, descent, transmission, and alienation of the lands described in the certificate and the same remedies for the protection of those rights against all persons, except the state, that the purchaser would possess if the purchaser were the owner in fee of the described lands.
(2)
Notwithstanding sub. (1), a certificate of sale does not confer the right to cut down, destroy, dig up, or carry off any standing wood or timber or any mineral located on the lands described in the certificate without the written consent of the board, except as follows:
(a)
Wood or timber may be cut when it is to be exclusively used in the erection of fences or buildings on the described lands.
(b)
Wood or timber may be cut for necessary firewood for the household use of the persons actually occupying the described lands.
(c)
Wood or timber may be cut when done in good faith for the actual and fair improvement of the described lands for cultivation.
(3)
Notwithstanding sub. (2) (c), no cutting of wood or timber shall be deemed to have been done for the purposes of cultivation unless the entire surface from which the wood and timber is cut was at the time further prepared for cultivation by thoroughly clearing all brush and growing wood of every kind, except that shade or ornamental trees on not more than 10 adjoining acres selected for building purposes, and trees valuable for saw or rail timber, not to exceed 20 upon each acre, may be left standing.
(4)
Except as provided in subs. (2) and (3), any wood, timber, or mineral cut, dug out, or removed from any land described in a certificate of sale shall remain the property of the state.
History:  1991 a. 316; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.25 - Issuance and record of patent.

24.25
Issuance and record of patent.
(1)
Whenever full payment is made for any lands described in a certificate of sale issued under s. 24.17, as required by law, and the purchaser, or the purchaser's legal representatives, produces to the board the duplicate certificate of sale, with the receipt of the secretary of administration endorsed on the duplicate certificate, showing that the whole amount of the principal and interest due on the purchase of the land described in the certificate has been paid and that the holder of the duplicate certificate is entitled to a patent for the lands described in the certificate, the original and duplicate certificates shall be canceled, and the board shall immediately execute and deliver a patent to the person entitled to the patent for the land described in the certificate.
(2)
All patents issued by the board shall be recorded in the board's office. The board's record of patents issued by it constitutes a legal record.
(3)
Purchasers may, at any time before payment is due, pay any part or the whole of the purchase money for the land and the interest owing on the purchase money.
(4)
If a patent is issued to a person who dies before the date of the patent, the title to the land described inures to and vests in the decedent's heirs, devisees, or assignees to the same extent as if the patent had issued to the decedent during the decedent's lifetime.
History:  1991 a. 316; 2003 a. 33; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.251 - Patents, issuance; county may record.

24.251
Patents, issuance; county may record.
Whenever it appears to the board that all the conditions relating to the issuance of patents have been complied with, the board may issue patents, and the county board of any county may cause the patents to be recorded in the county and pay the cost of the recording.
History:  2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.26 - Patentee's rights.

24.26
Patentee's rights.
Except as provided under s. 24.11, any person, or the person's heirs or assigns, who receives a patent pursuant to law for any public lands acquires the right to all timber, lumber, trees, wood, bark, stone, earth, and other materials cut, dug, taken, or removed from the lands subject to the patent before the issue of the patent, unless the materials were cut, dug, taken, or removed by the assent of the board or were sold by the state. The person receiving the patent may maintain an action for the recovery of the materials that were cut, dug, taken, or removed, or for any injury done to or trespass committed upon the lands before the patent was issued, in the same manner, with the same effect, and with the same entitlement to damages as if the injury or trespass had been committed after the patent was issued.
History:  1991 a. 316; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.27 - Purchase money a loan.

24.27
Purchase money a loan.
The purchaser of public lands, when the balance of the purchase money becomes due, may retain the same as a loan from year to year on payment annually in advance, or on or before May 31, of the interest on the sum due, at the rate of interest specified in the certificate of sale, and the taxes annually assessed on the land described in the certificate, until required to pay the whole or part by the board or until the legislature shall otherwise direct.
History:  1981 c. 169; 1983 a. 423.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.28 - Forfeiture.

24.28
Forfeiture.
(1)
A certificate of sale issued under s. 24.17 becomes void upon the occurrence of any of the following, and the purchaser of the lands described in the certificate, or the purchaser's heirs and assigns, shall forfeit all right and interest in the lands:
(a)
Nonpayment of interest when it is due according to the terms of the certificate of sale.
(b)
Nonpayment of any taxes that before the annual interest required by the certificate of sale is paid are returned to the board by the county treasurer as due and unpaid upon the lands described in the certificate.
(c)
Nonpayment of the principal owing on the purchase of the lands described in the certificate of sale when required by the board.
(2)
In the event of a forfeiture of lands under sub. (1), the board may take immediate possession of and resell the forfeited lands as provided under ss. 24.29 to 24.33.
History:  1991 a. 316; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.29 - Redemption.

24.29
Redemption.
At any time before the 5 days next preceding the reoffering at public sale of any land forfeited under s. 24.28, the former purchaser, or the former purchaser's assigns or legal representatives, may prevent the resale of the forfeited lands and revive the original contract by paying the principal sum due, with interest, and all taxes returned on the forfeited lands to the secretary of administration that are still unpaid, and all costs occasioned by the delay, together with 3 percent damages on the whole sum owing for the forfeited lands.
History:  1991 a. 316; 2003 a. 33; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.30 - Liability of former purchaser.

24.30
Liability of former purchaser.
In case of a forfeiture of lands under s. 24.28, the former purchaser of the forfeited lands shall be liable for any waste or unnecessary injury that the former purchaser may have done to the forfeited lands or to the timber or minerals located upon the forfeited lands. An action for waste or unnecessary injury under this section may be prosecuted by the board in the name of the state.
History:  1991 a. 316; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.31 - Advertisement and resale of forfeited lands.

24.31
Advertisement and resale of forfeited lands.
Whenever any public lands have been forfeited under s. 24.28 for the nonpayment of principal, interest, or taxes, and the lands have remained forfeited for 3 months, the board shall first cause the forfeited lands to be appraised as provided under s. 24.08. Upon completion of the appraisal, the board shall advertise the forfeited land for sale as provided under s. 24.09 and shall state in the notice that the lands have been forfeited and give the names of the former purchasers. The sale of the forfeited lands shall be made either in the county where the lands lie or at the capitol on a day not less than 3 months nor more than 6 months after the first insertion of the notice. The board shall publish a class 3 notice, under ch. 985, of the sale giving the time and place where the sale will be held and the county in which the lands being sold are situated, but omitting any description of the lands. The last insertion of the notice shall be at least one week prior to the time the sale is to commence.
History:  2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.32 - Resale and redemption.

24.32
Resale and redemption.
(1)
Unless the resale of lands forfeited under s. 24.28 is prevented by payment under s. 24.29, the forfeited lands shall be offered for sale at public auction to the highest bidder in the manner and upon the terms provided for original sales and, if the lands are not then sold, the lands shall be subject to private entry.
(2)
(a)
Every tract of forfeited lands may be redeemed by the former purchaser, or the former purchaser's assigns or legal representatives, at any time before the June 30th next following the date of the resale of the forfeited tract, by doing all of the following:
1.
Presenting to the board satisfactory proof, which shall be filed and preserved by the board, that the tract was, at the time of the resale, in whole or in part under cultivation or adjoining a tract partly cultivated, belonging to the former purchaser, or the former purchaser's assigns or legal representatives, and used in connection with the adjoining tract.
2.
Depositing with the secretary of administration, for the use of the purchaser at the resale of the forfeited tract the amount paid by the resale purchaser for the tract, together with 25 percent of the amount of the taxes, interest, and costs, in addition to the purchase price.
(b)
Every certificate of sale issued upon any resale of forfeited lands shall be subject to the right of redemption under par. (a) whether or not the right of redemption is expressed in the certificate. No patent shall be issued on any resale of a forfeited tract until the expiration of the redemption period under par. (a).
(3)
Upon a redemption under sub. (2), the board shall do all of the following:
(a)
Cancel the certificate of sale issued to the resale purchaser.
(b)
Make and deliver to the party redeeming the forfeited lands a certificate of the redemption.
(c)
Record the certificate of the redemption in a book kept in the board's office for that purpose.
History:  1991 a. 316; 2003 a. 33; 2005 a. 149; 2009 a. 177.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.33 - Resale may be canceled.

24.33
Resale may be canceled.
(1)
The board, within 3 months after a resale under s. 24.32, may by a written recorded order, a copy of which shall be immediately served on the purchaser of the resold land, avoid and cancel the resale and restore and revive the certificate issued to the original purchaser of the land under s. 24.17, after all of the following occur:
(a)
Proof is made that there are valuable improvements on the resold land.
(b)
Proof is made that the forfeiture was occasioned by the death of the holder of the first certificate, or the neglect of the first certificate holder's personal representative.
(c)
Payment is made to the secretary of administration in the amount actually due on the first certificate at the time of the resale, with interest, costs, and charges, and with interest on the amount for which the land was sold at the rate of 10 percent per year.
(2)
Upon the surrender of the certificate, receipt, or patent given upon the resale, the purchaser of the resold land shall be paid out of the state treasury the amount paid by the purchaser at resale, together with the interest collected from the person redeeming the land.
History:  1979 c. 110 s. 60 (13); 1991 a. 316; 2001 a. 102; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 24 - Public domain and the trust funds. › 24.34 - Void sales.

24.34
Void sales.
In the event that the sale of any public lands are made by mistake or not in accordance with law, or are obtained by fraud, or in the event that the state had no title to the lands sold, or the state's title has failed, the sale of the lands shall be void and no contract, certificate of purchase, or patent issued on the lands sold shall be of any effect, but the person named as vendee, or that person's successor in interest, may furnish to the board any proof that will satisfy the board of the facts. Except as provided in s. 24.341, upon receipt of satisfactory proof of the facts asserted by the vendee, the board shall order all amounts, either of principal or interest, paid for the lands described in the contract, certificate, or patent, together with the interest on the amounts so paid from the time of each such payment, at the rate of 6 percent per year, simple interest, to be refunded and paid out of the state treasury, from the fund to which it has been credited, to the person entitled to the refund. Notwithstanding anything contained in this section, no money shall be paid to any person participating in any fraud in obtaining the land, as provided in this section.
History:  1979 c. 110 s. 60 (13); 1991 a. 316; 2005 a. 149.