Committee moves to align tax-deed ordinance with state law after Tyler v. Hennepin decision

The Sawyer County Administrative Committee reviewed a revised tax-deed lands ordinance that updates county procedures to follow recent state statutory timelines and to return surplus sale proceeds to prior owners, consistent with the U.S. Supreme Court decision in Tyler v. Hennepin.

Administrator Andy Alvarado told the committee the draft ordinance would adopt the state statute’s timeline that allows a county to take tax-delinquent property after three years of delinquency, replacing past local practice that waited five years before taking tax deed. The change responds to state law changes Alvarado said resulted from court rulings that require counties to attempt to return sale surpluses to prior owners above taxes and carrying costs.

The committee asked for edits and will return the ordinance with those changes for consideration next month. Alvarado said the county will need to phase in a shorter timeline and notify the public because prior local practice often allowed longer redemption windows.

Alvarado also told the committee Sawyer County is among Wisconsin counties notified of a class-action suit seeking to recover surplus funds previously retained by counties; county insurers and Wisconsin Counties Association counsel are involved in the response.

Members discussed practical consequences: properties that deteriorate after extended vacancy lose value, and moving to the three-year timeline could preserve better sale values. The committee did not adopt the ordinance at this meeting and will bring a revised version back to the county board process.