Real Estate Program: Selling Your Land

The Wisconsin Department of Natural Resources (WDNR) continually collects and analyzes data on the status of natural resources and recreational needs and adjusts programs and projects appropriately. Establishing priorities within existing projects depends on a variety of factors but acquisition is based on the willingness of the landowner to sell his or her land to the WDNR.

Fee Title Acquisition

Fee title acquisition is the outright purchase of land, including the complete transfer of title to the property and all the rights associated with ownership as defined above.

Easements

An easement is a way to convey some of the land rights associated with ownership of property to another party. It is a voluntary legal agreement between a landowner and a government agency, local unit of government, or qualified nonprofit organization that conveys specific rights and permanently limits specified current and future uses. The WDNR buys rights to further the goals of a specific program. For example, the WDNR might purchase access rights to a stream so that the general public could fish there. The WDNR may also purchase the right to control growing crops or pasturing cows along a stream bank to improve the water quality of the stream. In another instance, the WDNR might buy the right to prohibit filling or draining the property in order to restore a wetland for wildlife habitat.

Contacting the Landowner

The WDNR buys from willing sellers. In some cases, Department employees contact a landowner to explain the project and ask about his or her interest in selling. In other cases, a landowner contacts the Department and offers his or her land for sale or donation.

If a landowner is interested in selling his or her property, the Department orders an appraisal of the land to determine its fair market value. Unlike other buyers, the Department is required by state and federal laws to offer "just compensation," which is the estimated fair market value based on an appraisal. This is to ensure that the state is fair to all landowners while, at the same time, using public funds wisely. Fair market value is defined as the most probable price that a property is estimated to bring if placed for sale on the open market for a reasonable period of time.

A WDNR staff appraiser or a private appraiser evaluates the property. Upon ordering an appraisal, it will take approximately 90 days for the appraiser to have an estimated value of the property. Please note that the WDNR will not accept an appraisal commissioned by the landowner. Wisconsin Contract Appraisers [PDF 56KB]

Making an Offer to Purchase

The WDNR makes an "offer to option" when the appraisal(s) have been reviewed and approved by the WDNR's appraisal review staff. If the owner accepts the offer, he or she grants an option to the WDNR to purchase the land. This option gives the WDNR the right to purchase the land within a certain period of time at a certain price. It takes approximately 90 days for the option to be approved and accepted by the WDNR. The landowner is notified by certified mail that the WDNR is accepting the option. A closing usually occurs within 120 days of the WDNR's acceptance of the option.

Transfer of Ownership

Transferring ownership, commonly referred to as the "closing," is the last step in the acquisition process. Typically, most of the details have been worked out by this time, including legal counsel review, review of option, and review of the legal description of the property.

The WDNR, unlike typical buyers, pays some of the closing costs. These include the purchase of title insurance, recording fees, transfer taxes, and similar expenses. The WDNR does not pay legal fees or costs associated with clearing up the title of the property.