Appeals court: Can’t lease managed forest land (UPDATE)

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By TODD RICHMOND
Associated Press

MADISON, Wis. (AP) – No one can lease managed forest land for recreation regardless of whether it’s open or closed to the public, a state appeals court ruled Tuesday.

Wisconsin’s managed forest program gives land owners substantial property tax reductions if they agree to manage the land in a sustainable way. Enrollees must designate whether the land is open or closed to public recreation; owners who keep the land open get larger tax breaks. State law prohibits leasing such land for recreation.

Wayne Lautenbach, who manages closed managed forest land in Door County’s town of Liberty Grove for owner Wayne Logcrafters, LLP, was cited last year for leasing the land to a hunter for $750. A judge found him guilty this spring and he was assessed a $750 fine plus court costs, said Door County Assistant District Attorney Joan Korb.

Lautenbach argued on appeal that state statutes only prohibit leasing open managed forest land. He also argued the statutes are unconstitutionally vague because they don’t provide notice that people can’t lease closed property for recreation.

His arguments got no traction with the 3rd District Court of Appeals. The court ruled the statutes clearly make no distinction between open and closed land.

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“In short, we conclude (the statute) plainly and unambiguously prohibits individuals from entering into leases for all MFL property,” the court said. “The property’s open or closed designation is irrelevant.”

Lautenbach’s attorney, Nicholas Andrew Wagener, said he hadn’t seen the decision and declined comment.

Korb called Lautenbach’s arguments ludicrous.

“It was pretty obvious that people that own managed forest lands are not permitted to lease it for recreational purposes and the court of appeals upheld that,” she said. “People that own managed forest lands are getting an incredible break on property taxes and for them to be able to lease either open or closed, that was ridiculous.”