75.63 Ejectment as to public lands; conditions.
(1)
(a) No action may be commenced, maintained or prosecuted by or on behalf of the original owner or any person claiming title through or under the original owner to recover possession of or in any way involving the title to any lands conveyed to this state by any county, or attempted to be so conveyed, and sold by this state to any person until all of the following have been paid into the treasury of the county where the lands are located:
1. All taxes levied and assessed on the lands from the date of the sale of the lands by the state.
2. All legal charges for assessing and collecting the taxes described in subd. 1, and interest thereon at the rate of 8 percent per year from the January 15 in each year during which the lands were assessed, commencing with the January following the first assessment after the sale.
3. All delinquent taxes levied upon and returned against the lands that were unpaid when the lands were conveyed or attempted to be conveyed to the state, together with interest on those delinquent taxes at the rate and in the manner described in subd. 2.
(b) All money paid into a county treasury under par. (a) shall be retained in the treasury pending the conclusion of the action described in par. (a) (intro.). The money shall be returned to the party paying or depositing the money if the party fails to maintain the action. If the action is maintained, an amount equal to the delinquent taxes and interest described in par. (a) shall be retained by the county. The remainder shall be paid over to the person purchasing the lands from the state or that person's legal representatives.
(2) If the title to any such lands shall be adjudged to be in such original owner or party claiming title through or under the original owner they shall be deemed to be and shall be subject to taxation during the time the same were held by the state in like manner as if they had not been conveyed to or held by it, and the taxes for such period shall be levied and assessed upon such lands and collected in like manner as other taxes upon real estate. In all such actions the court shall enter an order requiring the plaintiff therein, within a reasonable time to be fixed in the order, to comply with this section by payment of the taxes, charges and interest as provided herein, and in default of compliance therewith the court shall dismiss the action. Nothing herein contained shall be construed as amending or repealing s. 75.26, 75.27 or 75.61.
History: 1973 c. 189; 1977 c. 29 s. 1646 (3); 1977 c. 273; 1979 c. 110 s. 60 (13); 1991 a. 316; 1997 a. 253; 2005 a. 253.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 75 - Land sold for taxes.
75.03 - Redeeming lands of minors or individuals adjudicated incompetent.
75.04 - Redemption receipt and entries.
75.05 - Disposition of redemption money.
75.06 - Applicability of chapter to 1st class cities.
75.07 - Redemption notices; publication.
75.106 - Assignment of property contaminated by hazardous substances.
75.11 - Compensation of printer.
75.115 - Rights of persons who have an interest in mineral rights.
75.12 - Deed, notice of application for.
75.14 - Deeds, execution of; rights under; evidence.
75.143 - Defer taking of tax deed.
75.144 - Rights of persons claiming adverse possession.
75.145 - Correction of description by action.
75.16 - Deed, by whom executed; form.
75.17 - Transfer of contaminated land to a municipality.
75.19 - Foreclosure of certificate.
75.195 - Extended time for beginning tax foreclosure.
75.20 - Limitations on certificates and issue of deeds; life of tax certificate liens.
75.22 - Validity; immaterial errors.
75.23 - Canceled deeds, certificates of county clerk.
75.24 - Limitation, claims under illegal deed or certificate.
75.25 - Lien of reassessed tax.
75.27 - Limitation on former owner.
75.28 - Application of all limitations.
75.285 - Action; condition precedent.
75.29 - Actions of ejectment, when barred.
75.30 - Action by original owner if deed is void, when barred.
75.31 - “ Possession" defined.
75.32 - Taxation and sale of lands held by counties.
75.35 - Sale of tax-deeded lands; purchase of adjacent lands.
75.36 - County acquisition and sale of property.
75.365 - Agreements as to delinquent taxes.
75.37 - Waste on land subject to a tax certificate.
75.375 - Waste on lands subject to a tax certificate; penalty.
75.377 - Inspection of property subject to tax certificate.
75.39 - Action to bar former owner.
75.40 - Action, where and how brought.
75.43 - Election to receive deposit; costs.
75.46 - Trial; defendant's interest.
75.49 - Judgment for defendant.
75.521 - Foreclosure of tax liens by action in rem.
75.54 - Reassessment of taxes by order of court.
75.55 - Application of section 75.54.
75.61 - Actions related to tax certificates.
75.62 - Procedure in actions related to tax certificates.
75.63 - Ejectment as to public lands; conditions.
75.64 - No jurisdiction; issue of deed postponed; deposit.
75.67 - Procedure in populous counties containing authorized city.