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842.03.Partition when state part owner; service of process.

Ch. 842: Partition of Interest in Real Property · Last amended 1975 · Last verified July 15, 2026

In one sentenceSection 842.03 lets a partition action against the state proceed the same way it would against a private co-owner, with the attorney general served and appearing for the state and the state’s share of costs certified and paid from the treasury.

Full Text of Section 842.03

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If any lands are held by the state and by individuals as tenants in common, proceedings for the partition thereof may be had against the state in the same manner as against individuals, and the like orders and judgments shall be had therein, and the proportion of the costs and expenses of such partition, adjudged to be paid by the state, shall be certified by the attorney general and paid out of the state treasury on the warrant of the department of administration. The summons and all notices required to be served shall be served on the attorney general, who shall appear in behalf of the state and attend to its interest.

Plain-English Summary

Land is sometimes held jointly by the state and private individuals as tenants in common. Section 842.03 confirms that a partition case against the state runs on the same track as one against any other co-owner: the same kind of proceedings, the same kind of orders, and the same kind of judgment. Ownership by a government body does not pull the case into a different procedure.

What does change is how the state is reached and represented. The summons and every notice that must be served go to the attorney general, who appears on the state’s behalf and looks after its interest in the litigation. That gives the state a single, identifiable point of contact for a partition suit rather than requiring service on some other state office or official.

Cost-sharing also runs through a distinct channel. Once the court sets the proportion of costs and expenses the state must bear, the attorney general certifies that amount, and it is paid out of the state treasury on a warrant from the department of administration. A private cotenant pays their share directly; the state’s share moves through this certification and warrant process instead.

Frequently Asked Questions

Can I bring a partition action against the State of Wisconsin if it co-owns land with me?

Yes. Section 842.03 allows partition proceedings against the state to be had in the same manner as against individuals, with the same kind of orders and judgments.

Who do I serve with the summons and notices when the state is a party to a partition case?

The attorney general. Section 842.03 requires the summons and all required notices to be served on the attorney general, who appears on the state’s behalf and attends to its interest.

Does the state pay its share of partition costs directly, the way another cotenant would?

Not directly. The state’s proportion of the costs and expenses is certified by the attorney general and paid out of the state treasury on the warrant of the department of administration.

Does the attorney general become a party to the case, or just represent the state?

The section describes the attorney general as appearing in behalf of the state and attending to its interest, meaning the office represents the state’s interest in the action rather than being sued in its own name.

Are the judgments a court can enter against the state different from those against a private cotenant?

No. Section 842.03 says the like orders and judgments shall be had in an action against the state as in one against individuals.

Amendment History

History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.03.

Source & verification. Section text and official notes are reproduced verbatim from the Wisconsin Statutes, published by the Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026. · Official source
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