2023 Wisconsin Statutes & Annotations › Chapter 1 - Sovereignty and jurisdiction of the state. › 1.01 - State sovereignty and jurisdiction.

1.01
State sovereignty and jurisdiction.
The sovereignty and jurisdiction of this state extend to all places within the boundaries declared in article II of the constitution, subject only to such rights of jurisdiction as have been or shall be acquired by the United States over any places therein; and the governor, and all subordinate officers of the state, shall maintain and defend its sovereignty and jurisdiction. Such sovereignty and jurisdiction are asserted and exercised over the St. Croix River from the eastern shore thereof to the center or thread of the same, and the exclusive jurisdiction of the state of Minnesota to authorize any person to obstruct the navigation of said river east of the center or thread thereof, or to enter upon the same and build piers, booms or other fixtures, or to occupy any part of said river east of the center or thread thereof for the purpose of sorting or holding logs, is denied; such acts can only be authorized by the concurrent consent of the legislature of this state.
History:  1983 a. 538.
Cross-reference:  See also article IX, of the Wisconsin Constitution. As to sky sovereignty, see s. 114.02.
Treaties between the federal government and Menominee tribe do not deprive the state of criminal subject matter jurisdiction over crimes committed by a Menominee tribal member outside of the reservation. Sturdevant v. State, 76 Wis. 2d 247, 251 N.W.2d 50 (1977).
Jurisdiction over crimes committed by tribal members on the Menominee reservation is vested in the federal and tribal governments. State v. LaTender, 86 Wis. 2d 410, 273 N.W.2d 260 (1979).
The state has no jurisdiction to prosecute a traffic offense committed by a Menominee tribal member on a highway within the boundaries of the Menominee reservation. State v. Webster, 114 Wis. 2d 418, 338 N.W.2d 474 (1983).
Property held in trust by the federal government for the Menominee tribe and tribal members is not subject to state taxation. The tribe and tribal members residing and working in Menominee County are not subject to the state income tax. 66 Atty. Gen. 290.
Discussing the jurisdictional relationship between the state and Menominee tribe. 70 Atty. Gen. 36.
Discussing state, county, and tribal jurisdiction to regulate traffic on streets in housing projects that have been built and are maintained by the Winnebago tribe on tribal lands. 78 Atty. Gen. 122.
As a general matter, Wisconsin is without power to tax Ojibwe lands owned by tribal members within the Bad River, Lac Courte Oreilles, Lac du Flambeau, and Red Cliff reservations created in an 1854 treaty. That is true even though the parcels in question are fully alienable, meaning their current owners can sell them at will. Under the facts of this case, the tribal lands were sold by past tribal owners to non-Indians before coming back into tribal ownership, but the one-time act of alienating reservation property to a non-Indian did not surrender the parcel's tax immunity for all time. Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin v. Evers, 46 F.4th 552 (2022).