Ashland County committee approves draft tax-deed ordinance under Act 207, will send to county board

The Ashland County Zoning and Land Committee voted to send a revised ordinance governing the sale and distribution of proceeds from tax-deeded land to the county board for consideration, after discussing changes required by Act 207 and a recent state court decision.

County staff and committee members spent more than two hours reviewing how the 2023 Wisconsin legislation known as Act 207 — prompted by the U.S. Supreme Court decision in Tyler v. Hennepin County — changes foreclosure timelines and post-foreclosure procedures. Dan, identified in the meeting as county staff, told the committee that “Tyler versus Hennepin County was a unanimous Supreme Court decision. In response to that, the legislature passed Act 207, which laid out the procedure that we have to follow.”

The ordinance draft incorporates new notice, listing and repurchase procedures that apply in particular to owner-occupied single-family residences. Committee members debated how long the county must wait before accepting sales below appraised (market) value, how to set market value, and whether to use the multiple-listing service (MLS) or hire a realtor to list foreclosed properties. The county will follow the timeline in Act 207 that currently requires a 240-day period for properties affected by earlier judgments; committee members noted that the statutory period will shift to 180 days after 2026.

Public comment tied to the topic came from Anita Hockas, who identified herself as “a property owner in Ashland, Wisconsin.” Hockas urged the committee to consider selling some county-owned parcels that she said need maintenance and to avoid “what Bayfield County just did,” where she said minimum bids were set so high bidders could not afford them. “I do ask also that when you do plan to sell these, parcels that you don't do what Bayfield County just did,” she said.

Committee members pressed staff on practical details that would affect implementation: whether title searches must be done by a title insurance company or can be performed by county staff, how title-search fees will be collected in advance from repurchasing owners, and whether the county will be required to track and seek reassessment of properties it elects not to foreclose on. Gary, who reported a recent personal experience with a title search, advised the committee to secure a written fee schedule with any title company because costs can vary widely.

The committee decided to keep the ordinance’s owner-occupied protections explicit and to preserve flexibility for staff in applying procedures to other property types. Members also discussed exemptions and special handling for landlocked or otherwise unsalable parcels, and the effects of taking title on outstanding liens.

After staff agreed to revise the draft to incorporate suggested edits (including clarifying statutory citations and adding language allowing the treasurer or treasurer's designee to act), Pat moved to approve the ordinance as amended for presentation to the county board; Jim seconded. The motion passed on a voice vote.

The committee directed staff to circulate the revised ordinance to members ahead of the county board agenda, and agreed to return in April to review lists of properties eligible for foreclosure under the new procedures and to consider listing properties the county already owns for sale in spring.

Votes at a glance: - Motion to present the tax-deed ordinance (sale and distribution of proceeds from tax-deeded land) to the county board, with edits as discussed — Mover: Pat (full name on record: Pat Kenny), Second: Jim Schultz. Outcome: Passed by voice vote.

The committee did not adopt a final ordinance during the meeting; staff will produce an edited draft for committee review and then the board packet.