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County counsel proposes rewrite of repurchase rules after Tyler decision
Summary
Dunn County corporation counsel proposed amendments to Ordinance chapter 7.7.5 to eliminate an unlawful 10% service fee, clarify prior-owner repurchase rights under Wis. Stat. §75.35 and add a default 30‑day repurchase/payment deadline; the draft is intended to align local code with recent case law and limit litigation risk.
Corporation counsel presented a draft amendment to Dunn County Ordinance chapter 7.7.5 that updates the county's repurchase (buyback) rules for tax‑forfeited property to reflect recent case law and 2023 changes in Wisconsin statutes. "Based on the Tyler versus Hennepin County case, our language in our current ordinance was not lawful," counsel told the committee, and she described three principal changes: removal of a 10% service fee, narrowing committee discretion in some repurchase cases, and a new default 30‑day timeline with authority to extend.
The counsel said the draft was approved by the administration committee and intended to reduce the county's exposure to the Elliott class action claims and other legal challenges. She noted a related U.S. Supreme Court decision, Peng v. Isabella County, that the county's lawyers interpreted as favorable to counties in auction settings. Committee members asked whether the most recent precedents were covered; counsel said the draft explicitly follows the updated state law (cited in discussion as Wis. Stat. §75.35) and would remove provisions that could not be justified under current federal or state law.
The committee did not take a final vote on the ordinance at the meeting; counsel said the purpose of the presentation was to inform the committee and minimize surprises when the item goes to the full board. Staff will return with formal ordinance language in follow-up.
