AB245-ASA2,16,94
70.18
(2) Goods For assessments made before January 1, 2024, goods, wares
5and merchandise in storage in a commercial storage warehouse or on a public wharf
6shall be assessed to the owner thereof and not to the warehouse or public wharf, if
7the operator of the warehouse or public wharf furnishes to the assessor the names
8and addresses of the owners of all goods, wares and merchandise not exempt from
9taxation.
AB245-ASA2,45
10Section 45
. 70.19 of the statutes is amended to read:
AB245-ASA2,16,20
1170.19 Assessment, how made; liability and rights of representative. (1) 12When For assessments made before January 1, 2024, when personal property is
13assessed under s. 70.18 (1) to a person in charge or possession of the personal
14property other than the owner, the assessment of that personal property shall be
15entered upon the assessment roll separately from the assessment of that person's
16own personal property, adding to the person's name upon the tax roll words briefly
17indicating that the assessment is made to the person as the person in charge or
18possession of the property. The failure to enter the assessment separately or to
19indicate the representative capacity or other relationship of the person assessed
20shall not affect the validity of the assessment.
AB245-ASA2,17,10
21(2) The For assessments made before January 1, 2024, the person assessed
22under sub. (1) and s. 70.18 (1) is personally liable for the tax on the property. The
23person assessed under sub. (1) and s. 70.18 (1) has a personal right of action against
24the owner of the property for the amount of the taxes; has a lien for that amount upon
25the property with the rights and remedies for the preservation and enforcement of
1that lien as provided in ss. 779.45 and 779.48; and is entitled to retain possession of
2the property until the owner of the property pays the tax on the property or
3reimburses the person assessed for the tax. The lien and right of possession relate
4back and exist from the time that the assessment is made, but may be released and
5discharged by giving to the person assessed such undertaking or other indemnity as
6the person accepts or by giving the person assessed a bond in the amount and with
7the sureties as is directed and approved by the circuit court of the county in which
8the property is assessed, upon 8 days' notice to the person assessed. The bond shall
9be conditioned to hold the person assessed free and harmless from all costs, expense,
10liability
, or damage by reason of the assessment.
AB245-ASA2,46
11Section 46
. 70.20 of the statutes is amended to read:
AB245-ASA2,17,25
1270.20 Owner's liability when personalty assessed to another; action to
13collect. (1) When For assessments made before January 1, 2024, when personal
14property shall be assessed to some person in charge or possession thereof, other than
15the owner, such owner as well as the person so in charge or possession shall be liable
16for the taxes levied pursuant to such assessment; and the liability of such owner may
17be enforced in a personal action as for a debt. Such action may be brought in the name
18of the town, city or village in which such assessment was made, if commenced before
19the time fixed by law for the return of delinquent taxes, by direction of the treasurer
20or tax collector of such town, city or village. If commenced after such a return, it shall
21be brought in the name of the county or other municipality to the treasurer or other
22officer of which such return shall be made, by direction of such treasurer or other
23officer. Such action may be brought in any court of this state having jurisdiction of
24the amount involved and in which jurisdiction may be obtained of the person of such
25owner or by attachment of the property of such owner.
AB245-ASA2,18,10
1(2) The For assessments made before January 1, 2024, the remedy of
2attachment may be allowed in such action upon filing an affidavit of the officer by
3whose direction such action shall be brought, showing the assessment of such
4property in the assessment district, the amount of tax levied pursuant thereto, that
5the defendant was the owner of such property at the time as of which the assessment
6thereof was made, and that such tax remains unpaid in whole or in part, and the
7amount remaining unpaid. The proceedings in such actions and for enforcement of
8the judgment obtained therein shall be the same as in ordinary actions for debt as
9near as may be, but no property shall be exempt from attachment or execution issued
10upon a judgment against the defendant in such action.
AB245-ASA2,18,21
11(3) The For assessments made before January 1, 2024, and taxes levied before
12January 1, 2024, the assessment and tax rolls in which such assessment and tax
13shall be entered shall be prima facie evidence of such assessment and tax and of the
14justice and regularity thereof; and the same, with proof of the ownership of such
15property by the defendant at the time as of which the assessment was made and of
16the nonpayment of such tax, shall be sufficient to establish the liability of the
17defendant. Such liability shall not be affected and such action shall not be defeated
18by any omission or irregularity in the assessment or tax proceedings not affecting the
19substantial justice and equity of the tax. The provisions of this section shall not
20impair or affect the remedies given by other provisions of law for the collection or
21enforcement of such tax against the person to whom the property was assessed.
AB245-ASA2,47
22Section 47
. 70.21 (1) of the statutes is amended to read:
AB245-ASA2,19,223
70.21
(1) Except For assessments made before January 1, 2024, except as
24provided in sub. (2), the personal property of a partnership may be assessed in the
25names of the persons composing the partnership, so far as known or in the firm name
1or title under which the partnership business is conducted, and each partner shall
2be liable for the taxes levied on the partnership's personal property.
AB245-ASA2,48
3Section
48. 70.21 (1m) (intro.) of the statutes is amended to read:
AB245-ASA2,19,64
70.21
(1m) (intro.)
Undistributed
For assessments made before January 1,
52024, undistributed personal property belonging to the estate of a decedent shall be
6assessed as follows:
AB245-ASA2,49
7Section 49
. 70.21 (2) of the statutes is amended to read:
AB245-ASA2,19,118
70.21
(2) The For assessments made before January 1, 2024, the personal
9property of a limited liability partnership shall be assessed in the name of the
10partnership, and each partner shall be liable for the taxes levied thereon only to the
11extent permitted under s. 178.0306.
AB245-ASA2,50
12Section 50
. 70.22 (1) of the statutes is amended to read:
AB245-ASA2,19,2413
70.22
(1) In For assessments made before January 1, 2024, in case one or more
14of 2 or more personal representatives or trustees of the estate of a decedent who died
15domiciled in this state are not residents of the state, the taxable personal property
16belonging to the estate shall be assessed to the personal representatives or trustees
17residing in this state. In case there are 2 or more personal representatives or trustees
18of the same estate residing in this state, but in different taxation districts, the
19assessment of the taxable personal property belonging to the estate shall be in the
20names of all of the personal representatives or trustees of the estate residing in this
21state. In case no personal representative or trustee resides in this state, the taxable
22personal property belonging to the estate may be assessed in the name of the
23personal representative or trustee, or in the names of all of the personal
24representatives or trustees if there are more than one, or in the name of the estate.
AB245-ASA2,51
25Section 51
. 70.22 (2) (a) of the statutes is amended to read:
AB245-ASA2,20,5
170.22
(2) (a)
The
For taxes levied before January 1, 2024, the taxes imposed
2pursuant to an assessment under sub. (1) may be enforced as a claim against the
3estate, upon presentation of a claim for the taxes by the treasurer of the taxation
4district to the court in which the proceedings for the probate of the estate are
5pending. Upon due proof, the court shall allow and order the claim to be paid.
AB245-ASA2,52
6Section
52. 70.27 (1) of the statutes is amended to read:
AB245-ASA2,21,37
70.27
(1) Who may order. Whenever any area of platted or unplatted land
or
8land and the buildings, improvements, and fixtures on that land is owned by 2 or
9more persons in severalty, and when in the judgment of the governing body having
10jurisdiction, the description of one or more of the different parcels thereof cannot be
11made sufficiently certain and accurate for the purposes of assessment, taxation
, or
12tax title procedures without noting the correct metes and bounds of the same, or
13when such gross errors exist in lot measurements or locations that difficulty is
14encountered in locating new structures, public utilities
, or streets, such governing
15body may cause a plat to be made for such purposes. Such plat shall be called
16“assessor's plat," and shall plainly define the boundary of each parcel,
building,
17improvement, and fixture, and each street, alley, lane
, or roadway, or dedication to
18public or special use, as such is evidenced by the records of the register of deeds or
19a court of record. Such plats in cities may be ordered by the city council, in villages
20by the village board, in towns by the town board
, or the county board. A plat or part
21of a plat included in an assessor's plat shall be deemed vacated to the extent it is
22included in or altered by an assessor's plat. The actual and necessary costs and
23expenses of making assessors' plats shall be paid out of the treasury of the city,
24village, town
, or county whose governing body ordered the plat, and all or any part
25of such cost may be charged to the land, without inclusion of improvements, so
1platted in the proportion that the last assessed valuation of each parcel bears to the
2last assessed total valuation of all
lands property included in the assessor's plat, and
3collected as a special assessment on such
land
property, as provided by s. 66.0703.
AB245-ASA2,53
4Section 53
. 70.27 (3) (a) of the statutes is amended to read:
AB245-ASA2,21,195
70.27
(3) (a) Reference to any land
, or land and the buildings, improvements,
6and fixtures on that land as
it the reference appears on a recorded assessor's plat is
7deemed sufficient for purposes of assessment and taxation. Conveyance may be
8made by reference to such plat and shall be as effective to pass title to the land so
9described as it would be if the same premises had been described by metes and
10bounds. Such plat or record thereof shall be received in evidence in all courts and
11places as correctly describing the several parcels of land
or land and the buildings,
12improvements, and fixtures on that land therein designated. After an assessor's plat
13has been made and recorded with the register of deeds as provided by this section,
14all conveyances of lands
or land and the buildings, improvements, and fixtures on
15that land included in such assessor's plat shall be by reference to such plat. Any
16instrument dated and acknowledged after September 1, 1955, purporting to convey,
17mortgage, or otherwise give notice of an interest in land
or land and the buildings,
18improvements, and fixtures on that land that is within or part of an assessor's plat
19shall describe the affected land by the name of the assessor's plat, lot, block, or outlot.
AB245-ASA2,54
20Section 54
. 70.27 (4) of the statutes is amended to read:
AB245-ASA2,22,821
70.27
(4) Amendments. Amendments or corrections to an assessor's plat may
22be made at any time by the governing body by recording with the register of deeds
23a plat of the area affected by such amendment or correction, made and authenticated
24as provided by this section. It shall not be necessary to refer to any amendment of
25the plat, but all assessments or instruments wherein any parcel of land
is or land and
1the buildings, improvements, and fixtures on that land are described as being in an
2assessor's plat, shall be construed to mean the assessor's plat of lands
or land and
3the buildings, improvements, and fixtures on that land with its amendments or
4corrections as it stood on the date of making such assessment or instrument, or such
5plats may be identified by number. This subsection does not prohibit the division of
6lands
or land and the buildings, improvements, and fixtures on that land that are
7included in an assessor's plat by subdivision plat, as provided in s. 236.03, or by
8certified survey map, as provided in s. 236.34.
AB245-ASA2,55
9Section 55
. 70.27 (5) of the statutes is amended to read:
AB245-ASA2,23,1410
70.27
(5) Surveys, reconciliations. The surveyor making the plat shall be a
11professional land surveyor licensed under ch. 443 and shall survey and lay out the
12boundaries of each parcel,
building, improvement, fixture, street, alley, lane,
13roadway, or dedication to public or private use, according to the records of the register
14of deeds, and whatever evidence that may be available to show the intent of the buyer
15and seller, in the chronological order of their conveyance or dedication, and set
16temporary monuments to show the results of such survey which shall be made
17permanent upon recording of the plat as provided for in this section. The map shall
18be at a scale of not more than 100 feet per inch, unless waived in writing by the
19department of administration under s. 236.20 (2) (L). The owners of record of lands
20or the land and the buildings, improvements, and fixtures on that land in the plat
21shall be notified by certified letter mailed to their last-known addresses, in order
22that they shall have opportunity to examine the map, view the temporary
23monuments, and make known any disagreement with the boundaries as shown by
24the temporary monuments. It is the duty of the professional land surveyor making
25the plat to reconcile any discrepancies that may be revealed so that the plat as
1certified to the governing body is in conformity with the records of the register of
2deeds as nearly as is practicable. When boundary lines between adjacent parcels, as
3evidenced on the ground, are mutually agreed to in writing by the owners of record,
4those lines shall be the true boundaries for all purposes thereafter, even though they
5may vary from the metes and bounds descriptions previously of record. Such written
6agreements shall be recorded in the office of the register of deeds. On every assessor's
7plat, as certified to the governing body, shall appear the document number of the
8record and, if given on the record, the volume and page where the record is recorded
9for the record that contains the metes and bounds description of each parcel, as
10recorded in the office of the register of deeds, which shall be identified with the
11number by which such parcel is designated on the plat, except that a lot that has been
12conveyed or otherwise acquired but upon which no deed is recorded in the office of
13register of deeds may be shown on an assessor's plat and when so shown shall contain
14a full metes and bounds description.
AB245-ASA2,56
15Section 56
. 70.27 (7) (b) of the statutes is amended to read:
AB245-ASA2,23,2116
70.27
(7) (b) A clear and concise description of the land
or the land and the
17buildings, improvements, and fixtures on that land so surveyed and mapped, by
18government lot, quarter quarter-section, township, range and county, or if located
19in a city or village or platted area, then according to the plat; otherwise by metes and
20bounds beginning with some corner marked and established in the United States
21land survey.
AB245-ASA2,57
22Section 57
. 70.29 of the statutes is amended to read: