[HISTORY: Adopted by the Board of Supervisors
of Green Lake County as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-18-1947 by Ord. No. 5; amended
in its entirety 10-18-2005 by Ord. No. 845-05]
All powers of the County Board of Green Lake
County to acquire, manage and sell delinquent tax parcels under the
provisions of Ch. 75, Wis. Stats., are hereby delegated to and vested
in a committee of the County Board to be titled "Committee on Tax
Deeds."
A.
The Committee on Tax Deeds may authorize and expend
money for an abstract on parcels of land delinquent and subject to
tax deeds or descriptions of land in cases where it is difficult to
determine the rightful owners in order that proper notices may be
served for the purpose of acquiring a tax title on delinquent lands.
B.
The Committee shall personally examine each tract
of land before acquiring, to do a visual environmental inspection
to determine if there is any reason to suspect a potential risk of
incurring financial liability for the County. The Committee shall
appraise each separate tract by taking into consideration the assessed
value, market value, amount of delinquency and other pertinent information,
as nearly as that can be determined.
[Amended 2-21-2006 by Ord. No. 852-06]
Green Lake County shall utilize 75.39, Wis.
Stats., which allows the County to file a complaint against the previous
owners of the property and get a court order barring the previous
owners or heirs from claiming any deficiencies in the procedure of
taking tax deed. This will allow a title insurance company to issue
a title policy without fear of a person claiming procedural errors.
[Amended 3-18-2014 by Ord. No. 1079-2014]
All delinquent tax parcels owned by the County,
except such as have been set aside by the Committee for County purposes,
shall be sold by the Committee in the manner following:
A.
A schedule of such delinquent tax parcels containing
a full description thereof, the appraisal value fixed upon each tract
and notice of sale fixing date, time and place shall be published
in a newspaper of general circulation within Green Lake County at
least once each week for three successive weeks prior to the date
fixed by the Committee for the sale of lands.
B.
The Committee shall conduct the sale of such delinquent
tax parcels on the date, at the time and at the place stated in such
published notice and shall sell any of such lands to the highest bidder,
provided that no bid less than the appraised value fixed by the Committee
shall be accepted.
C.
In the event that all of such lands shall not be sold
at the time, date and place as stated in the published notice, the
Committee may thereafter sell any of the remaining parcels of land
at private sale without republishing for prices equaling or exceeding
the appraisal value placed thereon by the Committee.
Upon repurchase of any of such delinquent tax
parcels by the prior owner or his heirs, or upon purchase by any other
person or persons at such public sale, or when directed to do so by
the Committee pursuant to this article, the County Clerk shall forthwith
prepare, execute and deliver in the name of the County a quitclaim
deed conveying the title of the County to the purchaser of such lands.
The Committee may, in its discretion, procure
and deliver to any purchaser of such lands a good abstract of title
thereto, and the expense of procuring such abstract, together with
the expense of revenue stamps and other costs incidental to such conveyance,
shall be paid by the County.
[Amended 2-21-2006 by Ord. No. 852-2006]
This article shall apply to all delinquent tax
parcels now owed by the County as well as land which shall be hereafter
acquired by the tax deed procedure.
[Adopted 12-21-2021 by Ord. No. 39-2021]
This article is adopted under the authority of Wis. Stats. §§ 59.03,
59.66, 66.0139, and 170.105.
The purpose of this article is to provide for the custody and
disposal of property lawfully coming into the County's possession
in the course of its operations and remaining unclaimed by the owner.
As used in this article, the following terms shall have the
meanings indicated:
Anything which is left on property belonging to the County,
under such circumstances and for such a time that it appears that
the owner does not have any plan to claim it.
Any person holding an elective office in the County, the
County Administrator or an appointed office or position that is filled
by the County Board or the County Administrator, except for a clerical
position.
A person holding a local public office.
All personal property of whatever nature, including bicycles,
where the owner or his or her whereabouts is unknown, or which is
unclaimed for more than 30 days, but not including:
Abandoned or unclaimed personal property may be disposed of
after it has been abandoned or unclaimed for a period of 30 days,
after the taking of possession of the personal property by an officer
of the County by any means determined in the best interest of the
County.
A.
Any goods found by a public official or employee acting in the scope
of their official duties having a value of at least $25 shall be turned
into the Sheriff's Office.
B.
Any public official or employee who finds an amount of money $25
or more while acting in the scope of their official duties, shall
turn in the money to the Sheriff's Office.
C.
The Sheriff's Office shall post a notice of the found money
or goods in two public places in the County.
Any found or stolen property, which comes into the hands of
the Sheriff and remains unclaimed for a period of one year, shall
be sold as set forth in this article provided that any criminal case
involving stolen property has resolved.
A.
If an owner does not redeem their abandoned property as set forth in § 202-29 below, and if the property appears to have value, it shall be sold at a public auction to be determined by the Sheriff's Office.
B.
Property in the custody of the Sheriff that has remained unclaimed
for a period of one year, and which appears to have value shall be
sold at auction for the best price obtainable. The proceeds or the
auction of abandoned property shall become a part of the general fund
of the county and the Sheriff shall, on or before September 1 annually,
remit the proceeds of any auction or sale to the treasurer and file
a verified report of the sheriff's auction of the abandoned property.
C.
The Sheriff shall, on or before August 1 annually, post a notice
in three public places in the County, briefly describing the property
and stating that the Sheriff will sell the property at public auction
on a certain date and at a specified physical location or internet
site, which auction shall be held accordingly. The notice shall also
contain the following:
D.
If property cannot be sold at auction, the property shall be sold
for the best price obtainable by other reasonable means.
A.
If property is of no value or if it cannot be sold by auction or
other reasonable means, it shall be disposed of in the manner provided
for disposal of trash and garbage at the discretion of the Sheriff.
Disposal or destruction shall be done in the presence of the Sheriff
or the Sheriff's designee.
B.
If the property can be donated to a municipality within the County
for municipal use, it may be donated.
C.
If the property is useful or necessary to the County, the property
may be retained by the County for its use.
D.
If the property is not useful to the county or a municipality and
would benefit a charity or nonprofit, the property may be donated
to a charity or nonprofit organization.
The proceeds received from any sale, after deducting the costs
of the sale, will be placed in the general fund, subject to redemption
by the owner.
A.
Lost chattels. If the owner of lost money or goods appears within 90 days of the publication under § 202-26 above, and makes out their right to the found money or goods, the owner shall have restitution of the money or goods or the value of the money or goods upon paying all the costs and charges on the money or goods. If no owner of lost money or goods appears within 90 days after the notice under § 202-26 above, the found money or goods become the property of the County and are deemed abandoned property.
B.
Lost money. Wisconsin Statute § 59.66 governs the disposition
of unclaimed money.
C.
In the event that the owner of property sold pursuant to this article
makes application to the County Treasurer within six months of the
sale and provides satisfactory proof of ownership, the owner will
be reimbursed the net proceeds from the sale, if any. If no application
is made within six months, the net proceeds will become the absolute
property of the County.
This article does not supersede the provisions of other statutes
that govern the disposal of specific items of property (i.e., abandoned
motor vehicles).
