Subchapter I - General
Decent, safe, and sanitary housing.
Written notice and information.
Payment of relocation claim.
Waiver or modification.
Waiver of relocation benefits.
Education, certification and monitoring.
Subchapter II — Relocation Plan
Time of plan submission.
Contents of relocation plan.
Small projects relocation plan.
Data for plan development.
Subchapter III - Relocation Assistance Services
Services to be provided.
Fair rental charge.
Local relocation office.
Termination of relocation assistance.
Subchapter IV — Relocation Moving Payments
Standard for actual and reasonable moving expense.
Moving payment — residential.
Optional move payment — business.
Moving payment — farm operation.
Moving payment — nonprofit organization.
Moving payment — outdoor advertising sign.
Multiple occupants of a property.
Reestablishment expenses—non residential moves.
Subchapter V — Replacement Housing Payment
180-day owner who purchases.
180-day owner who rents.
90-day owner or tenant who purchases.
90-day owner who rents.
90-day tenant who rents.
90-day tenant who purchases.
Mobile home — general.
180-day mobile home owner.
90-day mobile home owner.
90-day mobile home tenant.
Subchapter VI — Replacement Business and Farm Payment
Owner-occupant who purchases.
Owner-occupant who rents.
Tenant-occupant who rents.
Tenant-occupant who purchases.
Ch. Adm 92 Note
Chapter ILHR 202 was renumbered chapter ILHR 222 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1996, No. 484
. Chapter ILHR 222 was renumbered chapter Comm 202, under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, March, 1997, No. 495
Chapter Comm 202 was renumbered chapter Adm 92 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
The purpose of this chapter is to implement ss. 32.185
, Stats., by establishing minimum standards for providing relocation payments and services to a person who moves from a dwelling, business or farm operation because of acquisition for a public project, and to assure that such persons do not suffer disproportionate costs as a result of projects designed to benefit the public as a whole. Payments required by this chapter do not affect any right to seek compensation specified in ss. 32.01
, Stats. The department of administration shall assure that displaced persons are treated uniformly, fairly and equitably.
Adm 92.001 History
Cr. Register, March, 1986, No. 363
, eff. 4-1-86; am. Register, November, 1989, No. 407
, eff. 12-1-89; correction made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484
; correction made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.
This chapter applies to the following:
A public project conducted by any agency under s. Adm 92.01 (13)
which may or shall displace any person from real property regardless of the source of funds, federal regulations, or the date the project was formally adopted, approved, funded or started;
A displacement under sub. (1)
resulting from initiation of negotiations which begins after April 2, 1989.
Adm 92.002 History
Cr. Register, March, 1986, No. 363
, eff. 4-1-86; am. (1) (b), Register, (November, 1989, No. 407, eff. 12-1-89; correction made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, April, 1996, No. 484
; correction in (intro.), (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
In this chapter:
A property purchased by an agency by any legal means including a negotiated sale and exercise of eminent domain; or
A tenant-occupied unit where possession or use is denied to the occupant under a rehabilitation, code enforcement or other program or project being carried out with public financial assistance.
“Average annual net earnings" means one half of the net earnings of a business or farm operation, before federal and state income taxes, during the 2 taxable years preceding the taxable year of the displacement, or another period an agency determines more equitable. It includes compensation paid by a business or farm operation to an owner, spouse or dependents. Owner, as used under this subsection includes a sole proprietorship, a principal partner of a partnership, and a principal stockholder of a corporation. Stock held by a spouse and dependent children shall be treated as one principal stockholder.
“Average monthly income" means, for determining financial means, the annual gross income of an individual or the adults in a family, including salaries, wages, public assistance payments, tips, commissions, unemployment payments, rents, royalties, dividends, interest, profits, pensions, annuities, and other income, divided by 12.
“Business" means a legal activity, other than a farm operation, regardless of the income produced, conducted:
For the purchase, sale, lease or rent of personal and real property, and to manufacture, process or market a product, commodity, or other personal property;
Solely for the purpose of moving and related expense, to assist in the purchase, sale, resale, manufacture, processing or marketing of a product, commodity, personal property or service by the erection and maintenance of an outdoor advertising display, whether or not it is located on the premises on which any of the activities listed in this paragraph are conducted.
“Carve-out" means a method for computing a replacement housing, business or farm operation payment that is applied to separate the value of a portion of a property acquired, or a comparable selected.
“Comparable replacement business" means a replacement business currently available to a displaced person and, when compared with the acquired business:
Is adequate for the needs of a business and suited for the same type of business;
Is similar in major characteristics and functionally equivalent with respect to:
Condition, state of repair, land area and building square footage required;
Access to transportation necessary for the business operation, customers, utilities and public services.
Is in an area free of adverse environmental conditions which may cause significant impairment of the business.
Is within reasonable proximity of the acquired business if necessary to retain existing or new clientele.
“Comparable replacement dwelling" means a dwelling which is currently available to the displaced person and, when compared with the dwelling being acquired:
Is functionally equivalent and substantially the same as the acquired dwelling, with respect to:
Area of habitable living space, number and size of rooms and closets, and the size and utility of any garage or outbuilding within the immediate surrounding yard;