23.15(2m)

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(2m)

23.15(2m)(a)1.

1. The land was acquired for its scenic value to the lower Wisconsin state riverway and not for any other purpose.

23.15(2m)(a)2.

2. The land was not donated to the state.

23.15(2m)(a)3.

3. The sale of the land does not impair the scenic value of the lower Wisconsin state riverway.

23.15(2m)(a)4.

4. The department retains an easement and all other rights that are necessary to preserve the scenic value of the lower Wisconsin state riverway.

23.15

23.15 Sale of state-owned lands under the jurisdiction of the department of natural resources.

23.15(1)

(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 § 16.310 (2).

23.15(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.

23.15(2m)(a)

(a) Notwithstanding sub. (1), the natural resources board shall sell, at fair market value, land in the lower Wisconsin state riverway, as defined in § 30.40 (15), that is not exempt under § 30.48 (2) and that is acquired by the department after August 9, 1989, if all of the following conditions are met:

23.15(2m)(b)

(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.

23.15(2m)(c)

(c) The procedure in sub. (2) does not apply to sales of land under this subsection.

23.15(3)

(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.

23.15(4)

(4) Said natural resources board effecting the sale of any such lands and structures shall, upon receiving payment therefor, deposit the funds in the conservation fund to be used exclusively for the purpose of purchasing other areas of land for the creating and establishing of public hunting and fishing grounds, wildlife and fish refuges and state parks and for land in the lower Wisconsin state riverway as defined in § 30.40 (15).

23.15(5)

(5)

23.15(5)(a)

(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.

23.15(5)(b)

(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.

23.15(6)

(6) This section does not apply to property that is authorized to be sold under § 16.848.