Wisconsin Statutes
Wis. Stat. § 76.03 (2026)
Unit assessment and situs for taxation
✓ current as of July 2026
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76.03(1)(1) The property, both real and personal, including all rights, franchises and privileges used in and necessary to the prosecution of the business of any company enumerated in s. 76.02 shall be valued and assessed together as a unit.
76.03(2)(2) In case any of the property used in the business of a company defined in s. 76.02 is operated in connection with the property used in the same business or any other business therein described, all such property, rights, franchises and privileges shall be valued and assessed together as a unit, unless, in the opinion of the department of revenue, such properties are so segregated that separate assessments thereof should be made.
76.03(3)(3) The place of assessment and taxation of property subject to taxation under the provisions of this subchapter is fixed at the capitol of the state.
76.03(4)(4) Every person, company or companies, as defined in s. 76.02, shall be the representative of every title and interest in the property so operated or used either as owner, lessee or otherwise, and notice to the operating and using company or companies shall be notice to all interests in the property for the purposes of taxation. The assessment and taxation of the property of any company in the name of the operating or using company or companies shall be deemed and held an assessment and taxation of all the title and interest in such property of any kind or nature. Nothing herein contained shall be deemed to authorize the assessment and taxation of the interests of the state or of any county, city, village or town in any property used for highways or elevated roads and leased to or used by another.
76.03 HistoryHistory: 1977 c. 418; 1979 c. 102 s. 236 (1); 1983 a. 27; 1997 a. 237; 1999 a. 9; 2023 a. 12.
Notes of Decisions
Cited in 8
cases, 1936–2019 · leading case: Soo Line R.R. v. Dep't of Revenue, 278 N.W.2d 487 (Wis. Ct. App. 1979).
Soo Line R.R. v. Dep't of Revenue, 278 N.W.2d 487 (Wis. Ct. App. 1979). “*355 If the total value of the non-operating property is not removed, the Department of Revenue has violated sec. 76.03, Stats., which requires that the Department of Revenue assess only operating property.”
Wisconsin Cent. Ltd. v. Wisconsin Dep't of Revenue, 2000 WI App 14 (Wis. Ct. App. 1999). “Section 76.03(1), Stats. 3 The reduction was computed by calculating on a system-wide basis the percentage of a railroad's property which was represented by its personal property at book value; multiplying that percentage by 80%; multiplying that product by the railroad's unit…”
Chicago, M., St. P. & P. Rr. Co. v. Milwaukee, 176 N.W.2d 580 (Wis. 1970). “That the terminal buildings and facilities located on the subject property herein are used in and necessary *95 to the prosecution of the business of plaintiff Railroad as a common carrier of freight within the meaning of section 76.03 (1) of the Wisconsin Statutes, and that…”
Wisconsin Gas & Elec. Co. v. Tax Comm'n, 266 N.W. 186 (Wis. 1936). “This assessment is under sec. 76.03, Stats., which requires the commission to assess “the property, both real and personal, including all rights, franchises and privileges .”
Wisconsin Elec. Power Co. v. Comm'r, 18 T.C. 400 (Tax Ct. 1952). “Furthermore, the petitioner, after the sale, was no longer owner of the lands.”
Chicago, Milwaukee, St. Paul & Pac. R.R. v. City of Milwaukee, 176 N.W.2d 580 (Wis. 1970). “That the terminal buildings and facilities located on the subject property herein are used in and necessary *95 to tiie prosecution of the business of plaintiff Railroad, as a common carrier of freight within the meaning of section 76.03 (1) of the Wisconsin Statutes, and that…”
Nw. Airlines, Inc. v. Dep't of Revenue, 252 N.W.2d 337 (Wis. 1977). “10 Further, sec. 76.03(1), Stats., directs that property shall be valued and assessed as a unit.”
Union Pac. R.R. Co. v. Wis. Dep't of Revenue, 360 F. Supp. 3d 861 (W.D. Wis. 2019). “" Wis. Stat. § 76.03 (1). Unlike Chapter 70, however, Chapter 76 does not exclude "all intangible personal property.”
— Wis. Stat. § 76.03(1) — 3 cases
Wisconsin Cent. Ltd. v. Wisconsin Dep't of Revenue, 2000 WI App 14 (Wis. Ct. App. 1999). “Section 76.03(1), Stats. 3 The reduction was computed by calculating on a system-wide basis the percentage of a railroad's property which was represented by its personal property at book value; multiplying that percentage by 80%; multiplying that product by the railroad's unit…”
Soo Line R.R. v. Dep't of Revenue, 278 N.W.2d 487 (Wis. Ct. App. 1979). “*355 If the total value of the non-operating property is not removed, the Department of Revenue has violated sec. 76.03, Stats., which requires that the Department of Revenue assess only operating property.”
Nw. Airlines, Inc. v. Dep't of Revenue, 252 N.W.2d 337 (Wis. 1977). “10 Further, sec. 76.03(1), Stats., directs that property shall be valued and assessed as a unit.”
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