Citation Numbers: 66 Op. Att'y Gen. 246
Judges: BRONSON C. La FOLLETTE, Attorney General
Filed Date: 8/18/1977
Status: Precedential
Modified Date: 7/6/2016
ROBERT W. WING, District Attorney Pierce County
You request my opinion whether the Register of Deeds in Pierce County is required to collect recording fees in accordance with sec.
The pertinent language of sec.
"Decision, copies. After receiving all the evidence offered at any hearing held on the petition [for entry into the forest crop program] and after making such independent investigation as it *Page 247 sees fit the department shall make its findings of fact and make and enter an order accordingly. . . . If the request of the petitioner is granted, a copy of such order shall be filed with the department of revenue, the supervisor of assessments, the clerk of each town and the register of deeds of each county in which any of the lands affected by the order are located. The register of deeds shall record the entry, transfer or withdrawal of all forest croplands in a suitable manner on the county records. The register of deeds man collect recording fees under s.
59.57 from the owner. . . ." (Emphasis supplied.)
Section
"Upon filing of such application [for placement of property under the woodland tax law] the department shall examine the land, and if it finds that the facts give reasonable assurance that the woodland is suitable for the growing of timber and other forest products and the lands are not more useful for other purposes and the landowner agrees to follow an approved management plan the department shall enter an order approving the application. A copy of such order shall be forwarded to the owner of the land, to the supervisor of property assessments of the district wherein the land is located, to the clerk and the assessor of the town and to the clerk and register of deeds of the county wherein the land is located. The register of deeds shall record the entry and declassification of woodland tax lands in a suitable manner on the county record. The register of deeds may collect recording fees under s.
59.57 from the owner." (Emphasis supplied.)
Finally, sec.
*Page 248"Every register of deeds shall receive the following fees:
"(1)(a) For recording any instrument entitled to be recorded in the office of the register of deeds, $2 for one page (first page) and $1 for each additional page. One `page' is one side of a single sheet of paper not larger than 8-1/2 by 14 inches using type not smaller than 6-point type. Each rider attached to a document shall be considered an additional page.
"* * *
"(12) All the foregoing fees to be payable in advance by the party procuring such services, except that the lees for such services performed for a state department, board or commission shall be invoiced monthly to such department, board or commission." (Emphasis supplied.)
There is an apparent conflict between the similar provisions of secs.
"It is a cardinal rule of statutory construction that when a general and a specific statute relate to the same subject matter, the specific statute controls and this is especially true when the specific statute is enacted after the enactment of the general statute. [Cases cited.]" (Emphasis supplied.)
You will note that in both secs.
BCL:RJB
Martineau v. State Conservation Commission , 46 Wis. 2d 443 ( 1970 )
Luedtke v. Shedivy , 51 Wis. 2d 110 ( 1971 )
Estate of Zeller , 39 Wis. 2d 695 ( 1968 )
Schlosser v. Allis-Chalmers Corp. , 65 Wis. 2d 153 ( 1974 )
State v. Camara , 28 Wis. 2d 365 ( 1965 )
Scanlon v. City of Menasha , 16 Wis. 2d 437 ( 1962 )
Wisconsin's Environmental Decade, Inc. v. Wisconsin Power & ... , 395 F. Supp. 313 ( 1975 )