Wisconsin Statutes
Wis. Stat. § 33.33 (2026)
Merger, attachment, detachment
✓ laws through the 2025-26 session (checked Sept. 2026)
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
33.33(1)(1) Merger. Any district may be merged with a contiguous district by resolution passed by a four-fifths vote of all the members of each board of commissioners. At the next annual or special meeting, whichever occurs first, the electors and property owners shall vote on whether to ratify the merger. If a majority of the electors and property owners present and voting in each district endorse the merger, it takes effect. Following ratification, the boards of commissioners of merging districts shall act jointly until the next annual or special meeting whichever occurs first, at which time the board of the merged district shall be conformed to the requirements specified in s. 33.28. The governing body of the county, town, village or city having the largest portion by valuation within the district shall make the appointments under s. 33.28 (2).
33.33(2)(2) Attachment. Contiguous territory may be attached to a district upon petition by the owner or motion of the commissioners.
33.33(2)(a)(a) Petition. A petition by an owner, directed to the district and requesting attachment, may be accepted by majority vote of the commissioners, upon which the attachment shall become effective.
33.33(2)(b)(b) Motion. If the commissioners by motion initiate attachment proceedings, they shall notify the owners of the territory contemplated for attachment and the county board. The county board shall schedule a hearing on the motion, using the procedure of s. 33.26 as far as is applicable. Following the hearing, the board shall make a finding on the necessity of attachment of territory, using the standards of s. 33.26 (3), and shall declare the territory to be either attached or not. Appeals of the board’s decision shall be taken under s. 33.26 (7).
33.33(3)(3) Detachment. Territory may be detached from the district following petition of the owner or motion of the commissioners. Proposals for detachment shall be considered by the commissioners, and territory may be detached upon a finding that such territory is not benefited by continued inclusion in the district. Appeals of the commissioners’ decision may be taken under s. 33.26 (7).
33.33 AnnotationIt is not always necessary for the petitioner in a detachment proceeding to prove that there has been a change in circumstances since the district was created. The finding of benefit to property required under s. 33.26 (3) in forming a district is not the same as the finding that the property is not benefited as required under sub. (3) to detach a property from the district. The s. 33.26 (3) finding is general and predictive. Sub. (3) requires an individualized evaluation of property under present circumstances. Donaldson v. Board of Commissioners, 2004 WI 67, 272 Wis. 2d 146, 680 N.W.2d 762, 01-3396.
33.33 AnnotationAlthough not specified, the right to review under sub. (3) is by statutory certiorari. Donaldson v. Board of Commissioners, 2004 WI 67, 272 Wis. 2d 146, 680 N.W.2d 762, 01-3396.
Notes of Decisions
Cited in 3
cases, 2003–2004 · leading case: Donaldson v. Bd. of Commissioners, 2004 WI 67, 680 N.W.2d 762.
Donaldson v. Bd. of Commissioners, 2004 WI 67, 680 N.W.2d 762. “2 This review requires us to (1) interpret Wis. Stat. § 33.33 (3), which authorizes a property owner to seek detachment of "territory" from a lake district; and (2) address the scope of a circuit court's authority to review a lake district board's rejection of a detachment…”
Donaldson v. Bd. of Commissioners of Rock-Koshkonong Lake Dist., 2003 WI App 26, 659 N.W.2d 66. “About a year and a half after the creation of the Lake District, Donaldson petitioned the Lake District Board for detachment of his properties pursuant to Wis. Stat. § 33.33 (3). The Lake District Board held a public hearing on Donaldson's petition.”
Donaldson v. Bd. of Com'rs of Rock-koshkonong Lake, 2003 WI App 26, 659 N.W.2d 66. “§ 33.33(3). The Lake District Board held a public hearing on Donaldson's petition.”
Wis. Stat. § 33.33(3): 3 cases
Donaldson v. Bd. of Commissioners, 2004 WI 67, 680 N.W.2d 762. “2 This review requires us to (1) interpret Wis. Stat. § 33.33 (3), which authorizes a property owner to seek detachment of "territory" from a lake district; and (2) address the scope of a circuit court's authority to review a lake district board's rejection of a detachment…”
Donaldson v. Bd. of Commissioners of Rock-Koshkonong Lake Dist., 2003 WI App 26, 659 N.W.2d 66. “About a year and a half after the creation of the Lake District, Donaldson petitioned the Lake District Board for detachment of his properties pursuant to Wis. Stat. § 33.33 (3). The Lake District Board held a public hearing on Donaldson's petition.”
Donaldson v. Bd. of Com'rs of Rock-koshkonong Lake, 2003 WI App 26, 659 N.W.2d 66. “§ 33.33(3). The Lake District Board held a public hearing on Donaldson's petition.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.