Wisconsin Statutes
Wis. Stat. § 59.01 (2026)
Body corporate; status
✓ current as of July 2026
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59.0159.01 Body corporate; status. Each county in this state is a body corporate, authorized to sue and be sued, to acquire and hold, lease or rent real and personal estate for public uses or purposes, including lands acquired under ch. 75, to sell, lease and convey the same, including the authority to enter into leases or contracts with the state for a period of years for the uses and purposes specified in s. 23.09 (2) (d), to make such contracts and to do such other acts as are necessary and proper to the exercise of the powers and privileges granted and the performance of the legal duties charged upon it.
59.01 Cross-referenceCross-reference: See ss. 75.35 and 75.69 for restrictions on the sale of tax deeded land.
59.01 AnnotationDiscussing civil rights actions against municipalities. Starstead v. City of Superior, 533 F. Supp. 1365 (1982).
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1935–2024 · leading case: Barland v. Eau Claire Cnty., 575 N.W.2d 691 (Wis. 1998).
Barland v. Eau Claire Cnty., 575 N.W.2d 691 (Wis. 1998). “" Wis. Stat. § 59.01 . The legislature has also delegated to county boards of supervisors the power to "establish regulations of employment for any person paid from the county treasury.”
Kenosha Cnty. v. Town of Paris, 434 N.W.2d 801 (Wis. Ct. App. 1988). “Section 59.01(1), Stats. (1967), states that “[e]ach county in this state is a body corporate, empowered .”
Hart v. Ament, 500 N.W.2d 312 (Wis. 1993). “Section 59.01. By legislative mandate, sec.”
Heiar v. Crawford Cnty., 746 F.2d 1190 (7th Cir. 1984). “See Wis.Stat. § 59.01(1). And all this assumes that the Eleventh Amendment is applicable to cases under the Age Discrimination in Employment Act.”
Marathon Cnty. v. Indus. Comm'n, 260 N.W. 641 (Wis. 1935). “(2) Sec. 59.01, Stats., provides that a county is a body corporate, and sec.”
Five Star Airport All., Inc. v. Milwaukee Cnty., 939 F. Supp. 2d 936 (E.D. Wis. 2013). “§§ 59.01, 59.03, 66.901(l)(bm).) Therefore, Five Star maintains that the County has failed to comply with Wisconsin statutes, which is an unauthorized and ultra vires act entitting Five Star to the relief requested in the Complaint.”
Town of Grant v. Portage Cnty., 2017 WI App 69 (Wis. Ct. App. 2017). “§ 59.01 reads: "Each county in the state is a body corporate, authorized to .”
Wegwart v. Eagle Movers, Inc., 441 F. Supp. 872 (E.D. Wis. 1977). “The plaintiffs have satisfied their burden. It is beyond dispute that the defendant sheriffs are acting under color of state law in executing the writ of restitution.”
Stoker v. Milwaukee Cnty., 2013 WI App 144 (Wis. Ct. App. 2013). “" Wis. Stat. § 59.01 . Counties, therefore, have only those powers granted by legislation.”
Frank v. Forest Cnty., 194 F. Supp. 2d 867 (E.D. Wis. 2002). “Defendant Forest County (the “County”) is a municipal corporation and body corporate pursuant to § 59.01, Wis. Stat. 4. Defendant Forest County Board of Supervisors (the “Board”) is the governing body of the County, elected pursuant to § 59.”
Michael S. Bahrke v. Door Cnty. Bd. of Adjustment (Wis. Ct. App. 2024). “” The basis for the County’s position is that it “is authorized by statute to ‘sue and be sued’ and ‘to make such contracts and do such other acts as are necessary and proper to the exercise of the powers and privileges granted and the performance of legal duties charged upon it.”
State ex rel. Buchanan v. Cole, 260 N.W. 467 (Wis. 1935). “Sec. 59.01, Stats. Therefore, the validity of the September 21st agreement between the county and appellant depends upon the nature and scope of the authority given by the legislature to the county board with respect to the matter of sale of real estate held by the county under…”
— Wis. Stat. § 59.01(1) — 2 cases
Kenosha Cnty. v. Town of Paris, 434 N.W.2d 801 (Wis. Ct. App. 1988). “Section 59.01(1), Stats. (1967), states that “[e]ach county in this state is a body corporate, empowered .”
Heiar v. Crawford Cnty., 746 F.2d 1190 (7th Cir. 1984). “See Wis.Stat. § 59.01(1). And all this assumes that the Eleventh Amendment is applicable to cases under the Age Discrimination in Employment Act.”
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