Section 51.07. Grant contracts for acquisition projects.

 

(1)  Stewardship grants shall be subject to the execution of a grant contract between the department and sponsor. The grant contract shall recognize the state's interest in the property acquired and ensure that sponsors shall provide adequate land management, signage in accordance with s. 23.09165 , Stats., and maintenance, or in the case of easements shall monitor and enforce the conditions of the easement, in accordance with provisions contained in the grant contract and in a land management plan approved by the department. The grant contract shall be recorded in the office of the register of deeds in the appropriate county.

(1d)  The sponsor shall declare the state's interest in the Stewardship property on the warranty deed or other appropriate instrument of conveyance recorded in the appropriate county register of deeds office, using language provided by the department.

(2)  All obligations, terms, conditions and restrictions imposed by the grant contract shall be deemed to be covenants and restrictions running with the property and shall be effective limitations on the use of the property from the date of recording of the grant contract and shall bind the sponsor and all successors and assigns in perpetuity.

(3)  If the sponsor violates any condition of the grant contract identified as essential pursuant to s. 23.096 (5) , Stats., and fails to correct it within 6 months after written notification from the department, it shall be a violation of the grant contract, and all title, right and interest held by the sponsor in and to the property shall vest in the state without the necessity of reentry or legal judgment. The following conditions of the grant contract are essential:

(a) Conversion of the property to any use other than that specified in the grant contract without the prior written approval of the department is prohibited.

(b) The sponsor may not convey any interest in the property to a third party nor allow any leases, permits or encumbrances without the prior written approval of the department. The department may take actions necessary to avoid the placement of liens, judgments or encumbrances against the property.

(c) The sponsor shall make property tax payments on time and keep taxes current unless property taxes are not required.

(d) The sponsor shall at all times maintain its tax exempt status as granted by the IRS. The sponsor shall keep the department informed of any changes in, or challenges to, its exempt status.

(e) Property acquired with a grant under this chapter may not be closed to the public unless the department determines that it is necessary to protect species of plants, wild animals or other natural features or if the right of public access is not acquired as part of the rights purchased with an easement.

(f) All grant applications and approved projects shall comply with the requirements for public access in ch. NR 52 and s. 23.0916 , Stats.

(4)  The department may include additional conditions and restrictions in the grant contract.

Cr. Register, October, 1990, No. 418 , eff. 11-1-90; am. (1) (b) and (2), r. (4), renum. (5) to (7) to be (4) to (6), cr. (7), Register, June, 1994, No. 462 , eff. 7-1-94; r. and recr. Register, February, 1996, No. 482 , eff. 3-1-96; emerg. renum. from NR 51.05, cr. (4), eff. 9-1-00; CR 00-135 : renum. from NR 51.05, cr. (4), Register July 2001, No. 547 eff. 8-1-01; CR 10-127 : am. (1), (3) (intro.), (b), (c), (e), (4), cr. (1d), (3) (f) Register February 2012 No. 674 , eff. 3-1-12.