[Amended by Ord. No. 32-2011]
(1) Real estate for sale will be advertised in accordance with § 75.69(1),
Wis. Stats., by publication of a Class 3 notice, under Ch. 985, Wis.
Stats. The first publication of the Class 3 notice will list the specific
parcels with appraised values as minimum bids. The subsequent 2 publications
may or may not list specific parcels or appraised values as minimum
bids but will make known that this information is readily available
in the Land Information Office, as allowed in § 75.69(1m)(b),
Wis. Stats. The re-advertising of previously advertised lands will
be by Class 1 notice, although not required by § 75.69(1),
Wis. Stats.
(2) Bids for the purchase of County owned real estate acquired by tax
deed or in rem tax foreclosure judgment shall be made in the form
of sealed bids, except as noted 18.04(14), and shall be on the official
bid application form furnished by the County. All bidders shall be
bound by the terms and conditions of sale as determined by this chapter.
All bids will remain sealed and delivered to the Committee for opening
in accordance with the County Code in an open meeting.
(3) A bid guarantee of $500 shall accompany each real estate parcel bid.
If the minimum bid amount established by the County and the amount
bid are each less than $500, the bid guarantee shall equal the amount
bid. The bid guarantee for the highest two bids shall be deposited
by the County Treasurer in the County's General Checking Account.
The other bid guarantee(s) will be returned to the unsuccessful bidder(s).
The bid guarantee of the highest bidder shall be applied to
the purchase price if the sale is approved and completed, and the
bid guarantee of the second highest bidder shall then be refunded.
If the highest bidder fails to complete an approved sale, the bid
guarantee shall be forfeited and the second highest bidder shall be
offered the real estate with their bid guarantee applied to the purchase
price. If the second highest bidder fails to complete an approved
sale, the bid guarantee shall be forfeited and the Committee shall
take further action under § 12(a)(1) and (2).
The Committee will be the sole and final authority as to what
constitutes just cause for not completing a sale.
(4) Only one bid, per bidder, per parcel will be accepted. The bid must
be a specific value and cannot be an "open ended bid" (i.e., percent
or dollar amount more than the highest bid received). If a bidder
submits multiple bids, only the highest will be considered and all
others will be automatically rejected. The number of bids received
prior to bid opening will not be revealed.
[Amended 2-15-2022 by Res. No. 31-2022, effective 3-4-2022]
(5) No bid will be accepted that is less than the most recent advertised
minimum bid or value set by the Committee.
(6) If two or more bids are submitted for the same real estate and the
bidder's price is the same, the tied bids will be determined by a
flip of a coin by the Committee at the bid opening.
[Amended 2-15-2022 by Res. No. 31-2022, effective 3-4-2022]
(7) At least three weeks prior to the sale date the clerk of the municipality
in which the real estate being offered for sale is located shall be
notified per § 75.69(4), Wis. Stats. With this notification
the County will request the municipality inform the County of any
concerns the municipality may have regarding the sale. The municipality
may consider such items as:
(a)
Unwarranted increases in governmental expenses.
(b)
Type of highway and other reservations desirable.
(c)
Other factors which should be considered in the decision of
the County.
(d)
Interest in acquiring the real estate for the municipalities
use, however the County reserves the right to include a reversionary
clause if the property is no longer needed for their use.
(e)
If the municipality expresses interest in the property, the
Committee may negotiate the price that it may charge the municipality
for the property to recover costs associated with the property incurred
by the County or recommend to the County Board that it be deeded at
no charge.
[Added by Res. No. 77-2012]
(8) The clerk of the municipality shall notify the Committee of the municipality's
recommendations, if any, prior to the time of the real estate sale.
Any recommendation the municipality may have to the Committee will
only be considered if they are set forth in writing and received prior
to the date of the land sale.
(9) The Committee shall then review each bid and any concerns the municipality
may have regarding the sale of the County owned real estate. The Committee
shall recommend by resolution to the County Board those bids, which
conform to the intent of this chapter.
(10) The Committee shall accept the bid most advantageous to the County
and may accept or reject any or all bids or accept a bid lower than
the highest bid submitted based on, but not limited to, any of the
reasons listed below. The Committee shall provide a written statement
explaining why the bid was accepted or rejected. If the highest bid
is not accepted, the Committee shall prepare written findings detailing
why a lower bid was accepted pursuant to § 75.69(1), Wis.
Stats.
(a)
The bid was less than the advertised minimum bid.
(b)
A higher bid was accepted.
(c)
A bid more advantageous to the County was accepted.
(d)
The sale would involve additional and unwarranted governmental
expense and services.
(e)
The apparent future use conflicts with the objectives of the
Oneida County Planning & Zoning Ordinances.
(f)
The sale would be contrary to either the long-term planned development
of the County forest or other land uses.
(g)
A public or governmental agency expressed interest in acquiring
the property.
(h)
The sale would land lock other properties.
(i)
The Committee discovers there were irregularities in the bid
process.
(j)
The Committee was provided with new information during the bid
process about the real estate and determines that it would not be
in the best interest of the County for the property to be sold at
this time.
(k)
The Committee determines that it would be most advantageous
to sell the property to an adjoining landowner, that may have submitted
a bid, to minimize land use or regulation conflicts or disputes.
(11) The Committee may recommend one or more of the following restrictions
in the quit claim deed or as a condition of granting title:
(a)
Reservation of title for public road purposes.
(b)
Payment of all special assessments and/or special charges now
in the process of collection.
(c)
Residency or building restriction or other land use restrictions
after conferring with the Planning and Zoning Department.
(d)
Reversionary rights if the real estate is transferred to a governmental
agency and the agency no longer uses the real estate for the intended
public purpose.
[Amended 2-15-2022 by Res. No. 31-2022, effective 3-4-2022]
(e)
Easements.
[Amended by Ord. No. 23-2014]
(f) Restrictions or reservations for public or private access to other
properties.
[Added 2-15-2022 by Res. No. 31-2022, effective 3-4-2022]
(12) Conditions of Sale.
(a)
The bidder or purchaser shall have 60 calendar days from date
of County Board approval to complete payment. Thereafter, the Board's
authorization shall become void. In this event, a second bidder or
purchaser may be named at the next regular Board meeting and shall
receive the same consideration as the first purchaser. If the second
purchaser fails to complete the purchase or otherwise declines the
Committee shall do one of the following:
1.
Award the property to the next highest bidder and that bidder
shall be given the same consideration as the first and second purchaser's.
2.
Re-advertise the property and solicit new bids if the Committee
deems it to be in the best interest of the County.
(b)
The Treasurer shall assign to the purchaser at the time of issuing
a quit claim deed all County owned certificates on the real estate
sold, subject to any restrictions or reservations contained in the
quit claim deed. Only quit claim deeds will be issued. Neither boundaries
nor title will be warranted and land and improvements will be sold
in an "as is" condition. The deed will be issued to the name of the
successful bidder as it appears on the bid form or if the property
is to be attached to an existing parcel then in the name(s) in which
the existing parcel is titled.
(13) Preference to Former Owner.
(a)
The Committee, upon its review of the individual circumstance,
may recommend to the County Board that in the sale of tax foreclosure
real estate the former owner who lost title through delinquent tax
collection enforcement procedure or their heirs may be given such
preference in the right to purchase such real estate as this subsection
shall provide. It is the sole responsibility of the former owner to
notify the County of their desire to claim former owner preference
and that notification shall be made prior to the first advertisement
for public sale of the property. Preference to the former owner shall
cease after the first advertisement for sale of the property. Such
sales shall be exempt from any or all provisions of § 75.69,
Wis. Stats., and consistent with § 75.35, Wis. Stats. This
subsection shall not apply to tax deeded lands which have been improved
or dedicated to a public use by the County subsequent to its acquisition
thereof.
(b)
In all instances in which the former owner is given preference to repurchase lands to which title was lost through the delinquent tax collection enforcement procedure, a bid which shall be equal to or greater than the minimum value as established by appraisal provisions set forth in §
18.02(2)(b)1. of this chapter shall be submitted by the former owner at the first advertised sale of the property. If these conditions are met, the Committee can recommend the former owner as the successful bidder to the Board even if higher bid amounts were received from other bidders.
(c)
On a parcel on which a former owner claims preference, the deed
will be issued to the former owner(s) of record as listed when the
County acquired title.
(d)
If the Committee determines that the former owner failed as
a result of mistake, inadvertence, surprise or excusable neglect to
pay the back taxes, interest and penalty due on tax delinquent real
estate for not more than one year and all subsequent taxes on the
real estate were fully paid when due, the former owner shall have
the opportunity to repurchase the real estate from the County prior
to the first advertisement of the real estate for public sale by paying
the full amount of the back taxes, interest, penalty, costs incurred
by the County and a $500 administrative fee.
(14) When the Committee determines that it would be more advantageous to the County to offer real estate for sale at a public auction, it shall be noticed in the same manner as 18.04(1) with the appraised value to be the minimum opening bid. The date, time and location of such sale will be included with the notice. The successful bidder must submit to the County a bid guarantee, consistent with §
18.04(3) or 10% of the bid, whichever is greater, at the end of the auction.
(15) If the property has not sold after the first two advertised bid deadlines,
the Committee may list unsold properties on the County's web site
and accept and open bids at each subsequent Land Records Committee
meeting and make [a] recommendation to sell the property.
[Added by Ord. No. 23-2014]
(16) The final authority for the sale of real estate rests with the County
Board at its sole discretion. The purchaser shall be subject to all
terms and conditions of this chapter and subject to any conditions
set by the committee or County Board.
[Amended by Ord. No. 23-2014]
(17) The committee will attempt to hold an annual sale of real estate.
The sale will be conducted in accordance with provisions laid out
in Ch. 75, Wis. Stats. No parcels, whether previously advertised or
not, will be sold other than at a publicly advertised sale. Real estate
left over from the previous sale may be offered at the next annual
sale or re-advertised during the year as determined by the Committee.
[Amended by Ord. No. 23-2014]
[Amended by Ord. No. 32-2011]
(1) Acquisition of real estate by the County, other than by tax deed
or in-rem tax foreclosure, except as noted in 18.01(a) & (b),
shall be accomplished pursuant to the following:
(a)
The Committee will review requests to purchase real estate on
a case by case basis and will gather all information necessary to
present a report to the County Board for its consideration.
(b)
The Committee will act as the County Board's agent for all real
estate acquisitions and shall act at the direction of the County Board.
(c)
The Committee will contract for an appraisal for all real estate
that the County Board seeks to acquire and will seek assistance of
the Land Information Office, as set out in 18.03(3), as necessary
to carry out the County Board's directives.
(d)
The County Board will be the final authority on any decision
involving the acquisition of real estate for the County.
(2) Conveyance or sale of County-owned real estate, other than tax deed
or in-rem tax foreclosure parcels, except as noted in § 18.01(a)
and (b), shall be accomplished pursuant to the following:
(a)
Requests for strips of lands that have been retained by the County commonly referred to as "excess lands that were or are adjacent to public road right-of-way" shall be processed as noted in §
18.05(3) below.
[Amended 2-15-2022 by Res. No. 31-2022, effective 3-4-2022]
(b)
Any other unsolicited offers to purchase County owned real estate
shall be forwarded to the County Board for their review and further
direction.
(c)
The Committee shall determine the value of the County owned
real estate that may be subject to conveyance or sale using the procedures
set forth in 18.02 above.
(d)
The Committee may elect to advertise any County owned real estate
that is for sale with the in-rem tax foreclosure properties.
(e)
All sales of County owned real estate shall be overseen by the
Committee, who will determine which of the following processes should
be used for the sale:
2.
Public auction, if deemed most advantageous for the County.
3.
Private sale, only upon written recommendation from the Committee
to the County Board setting out specific reasons to forego a public
sale and with the County Board's express consent.
(f)
The County Board shall have the final authority with regard
to the sale price of any County owned real estate and sales of County
owned real estate.
(3) Requests for conveyance of lands commonly referred to as "excess
lands that were or are adjacent to public road right-of-way" which
are strips of lands lying on each side of existing public roads (usually
100 feet on each side of center line) that the County retained upon
previous sale of tax deeded or foreclosed properties shall be submitted
to the Committee for processing on a case-by-case basis.
[Amended by Ord. No. 23-2014; 2-15-2022 by Res. No. 31-2022, effective 3-4-2022]
(a)
The requestor must submit in writing their interest in obtaining
the strips along with title evidence, a general description, and if
deemed necessary by the Committee, a survey or more detailed description
of the land to be conveyed. An administrative fee of $250 shall be
charged to review a request but shall be returned if the request is
denied by the Committee or County Board and shall be forfeited if
the request is withdrawn or not completed by the requestor.
(b)
If the Committee determines these strips of lands that are in
excess of the typical road right-of-way, usually 66 feet, are no longer
needed, they shall first be offered at no cost to the municipality
or governmental agency responsible for the maintenance of the road
and shall be attached to the existing right-of-way if accepted.
(c)
If the strip is not needed by the municipality or governmental
agency, the strips or portions thereof may be conveyed. The Committee
will first consider attaching to the adjoining landowners land description
from which the strip was retained and then to other adjoiners. These
strips may be conveyed subject to easements for other landowners and/or
utilities crossing the property and to reservations, restrictions
or other conditions the Committee deems necessary.
(d)
Upon final approval from the County Board or notice of no objection
from the town, the requestor has 60 days to complete the transaction,
unless the Committee approves extending the deadline for just cause.
Upon receipt of payment from the requestor for the recording fees
and as directed by County Board action, the County Clerk shall issue
and record a quit claim deed to the landowner titled in the same manner
to which the land is to be attached.
(e)
Access permits or easements for utilities, driveways or private
roads to serve an adjoining property in the shortest route practical
across these strips are not required if the width is 66 feet or less.
This does not prevent any governmental agency from requiring a driveway
permit to access a public road. It shall be the responsibility of
the landowner(s) using the strip to develop and maintain any part
of the strip being used for driveway, utilities or private roads at
their own expense. The landowner using the strip assumes all liability
and risks associated with the use of the strip. Oneida County will
not be responsible for any accident, property damage or any physical
or other injury related to the use of said strip.
(f)
If these strips are discovered to be included on a recorded
certified survey map or recorded subdivision of record prior to March
30th, 2014 in the Register of Deeds, the County will not make any
claim of ownership to the area within the certified survey map or
subdivision. If the landowner or its title agent requires a recorded
quit claim deed, they may request one as outlined above.
[Amended by Ord. No. 32-2011]
(1) Leases or easements, over County owned real estate, may be granted
to individuals, private or public corporations or public entities
for land uses provided for in the chapter as follows:
(a)
Leases or easements for one year or less may be entered into
by the Committee without further Board authorization. The Committee
may revoke any lease or easement when in its judgment conditions set
forth in such lease or easements were not adhered to by the individuals
or corporation.
(b)
Long-term leases or easements of more than one year shall require
approval by resolution of the County Board.
(c)
All Leases/Easements shall be Non-Transferable. At the time
of transfer of property, the prospective new owners shall apply for
a new lease/easement in their individual names, private or public
corporate name or if applicable the name of a public entity. If no
changes are made to the lease/easement the cost of issuing the new
lease/easement shall be $100 plus recording.
(d)
The Committee shall not enter into any lease of improved parcels
of land taken by tax foreclosure unless approved by the County Board.
(e)
Any lease or easement must be reviewed by the Corporation Counsel
prior to being granted.
(2) The requestor must submit in writing their interest in obtaining
an easement or lease along with title evidence, a general description
and if deemed necessary by the Committee a survey or more detailed
description of the real estate. An administrative fee of $500 shall
be charged to review a request but shall be returned if the request
is denied by the Committee or County Board and shall be forfeited
if the request is withdrawn.
(3) The requestor must pay all costs associated with securing the easement
or lease including but not limited to administrative fee(s), title
searches, surveys, document preparation and recordings.
(4) The value of an easement shall be determined by the Committee depending
on the nature of the easement, with a minimum charge being $500. Upon
final approval from the County Board the requestor has 60 days to
make payment. Upon receipt of payment for the easement and recording
fees, and as directed by County Board action the County Clerk shall
issue and record a quit claim deed for the easement on behalf of the
County.
[Amended 2-15-2022 by Res. No. 31-2022, effective 3-4-2022]
(5) The value of a lease shall be determined by the Committee depending
on the nature of the lease, with a minimum charge being $500. Upon
final approval from the County Board, the requestor has 60 days to
make payment. Upon receipt of payment, the County Clerk shall execute
the lease agreement on behalf of the County and as directed by the
County Board action.
(6) The Committee shall recommend acquisition of easements or leases
to benefit County owned real estate subject to approval of the County
Board.
(7) The
value of easements or leases for public utilities or requests from
the state or municipalities shall be determined by the Committee depending
on the nature of the easement.
[Added 2-15-2022 by Res. No. 31-2022, effective 3-4-2022]
[Amended by Ord. No. 32-2011]
(1) The Committee shall review requests for releases of deed restrictions,
reservations, covenants and related encumbrances that were placed
on record by the County in conveyances of County-owned property as
follows:
(a)
The requestor must submit in writing their interest in obtaining
a release of restrictions, reservations, covenants or related encumbrances
with title evidence, a general description detailing the release sought
and other information as may be determined by the Committee to make
a decision with regard to granting or denying the release. An administrative
fee of $100 shall be charged to review a request but shall be returned
if the request is denied by the Committee or County Board and shall
be forfeited if the request is withdrawn.
[Amended 2-15-2022 by Res. No. 31-2022, effective 3-4-2022]
(b)
The requestor must pay all costs associated with securing the
release including but not limited to administrative fee(s) title searches,
surveys, document preparation and recordings.
(c)
Any release must be reviewed by the Corporation Counsel prior
to being granted and approved by the County Board.
[Amended 2-15-2022 by Res. No. 31-2022, effective 3-4-2022]
(d)
The County Clerk shall issue and record a quit claim deed for
the release or execute an appropriate document on behalf of the County
for such release and as directed by County Board action.
Oneida County property that is under the jurisdiction of this
Chapter shall be open for public use unless the County provides public
notice that the property is closed or restricted against certain uses.
No overnight camping including tents, trailers, cars, trucks, hunting
or fishing structures is permitted on these properties. All motorized
vehicles, except those which are authorized by the Committee, are
prohibited from traveling off-road, off-trail, or cross-country and
must remain on roads or trails open to them. Any damage to, manipulation
of, or attempt to circumvent, a gate, sign, rocks, or earthen berm
is prohibited. The dumping of litter, rubbish, debris, dirt, stone,
lawn clippings, or brush any other materials shall be prohibited on
all these properties. No posting of unauthorized signs, handbills,
markers, marking material or advertising matter will be permitted.
Disturbing, defacing, removing or destroying any trees, shrubs, plants
or other natural growth is prohibited. Driving nails, placing screws,
or other metal in trees is prohibited. Removing, injuring or defacing
in any manner any structures including buildings, signs, fences, tables
or other County property is prohibited. The cutting and/or removal
of trees or wood products including, but not limited to, branches,
tree tops, logging residue, firewood, pulpwood, boltwood or sawlogs
from these properties is prohibited unless the person doing the cutting
or removal is the holder of a valid written permit that has been issued
by the Committee.