Wisconsin Legislature: Adm 92.56(4)(a)2.

(1) Actual and reasonable moving expense.

(a) Commercial move. An agency shall pay a person for the expense of a commercial move as specified under s. Adm 92.52. The expense shall be supported by receipts and an inventory of the items moved.

(b) Self-move.

1. A person shall have the option of taking responsibility for all or a part of the move and being paid an amount equal to the lower of 2 acceptable bids or estimates obtained by the agency or prepared by qualified staff. An agency shall also pay a person for expenses specified under s. Adm 92.52 when not included in a bid or estimate.

2. An agency shall pay a person for actual and reasonable expenses, supported by evidence of expense, when a bid or estimate cannot be obtained or when a large fluctuation in inventory prevents bidding. The following expenses may be included in a self-move in addition to items specified under s. Adm 92.52:

a. A hired truck and equipment;

b. Gas and oil when a vehicle or equipment owned is used in the move and the cost of insurance and depreciation directly allocable to the move;

c. Wages for persons who assist in the move based on hours worked, not to exceed the hourly rate paid by commercial movers in the area;

d. Wages for supervisory personnel who are regular employees for time spent in overseeing the move.

3. An agency may pay a person without obtaining bids or estimates and without supporting evidence of expenses when it is estimated that the cost of the move will not exceed $1,000.

4. A person who self-moves shall certify that the items listed were moved. The inventory of items listed as moved may not deviate to any appreciable extent from the original inventory without a corresponding increase or decrease in the agreed payment. An increase in the payment shall be based on a moved inventory normal to business operations.

(c) Low value-high bulk property. The agency shall pay the difference between the estimated sales value and the replacement cost of junk, sand, gravel, metal, or other low value and high bulk property used in the operation, when the estimated cost of moving is disproportionately higher than the value.

(2) Direct loss of tangible personal property. An agency shall pay a person for direct loss of tangible property which a person may move but does not, provided the person makes a good faith effort to sell the property. Selling expense and sale proceeds shall be supported by receipts or records. Payment shall be determined as follows:

(a) The payment, when an operation is to be reestablished and an item of personal property used in the operation is not moved but replaced with a comparable item at the new location, shall be the lesser of:

1. The replacement cost, minus the net proceeds of the sale. Trade-in value may be substituted for net proceeds when applicable;

2. The estimated cost of moving the item to a replacement site;

(b) The payment, when an operation is to be discontinued or an item is not replaced in a reestablished operation, shall be the lesser of:

1. The difference between the market value of the tangible property for continued use at its location before displacement, less the net proceeds of the sale;

2. The estimated cost of moving the item to a replacement site;

(c) A payment for loss of an item abandoned because it wasn’t sold may not be more than its market value for continued use before displacement, or the estimated cost of moving the item, whichever is less, plus the cost of the attempted sale, irrespective of the cost to an agency for removing the item.

(d) An agency shall pay a person for direct loss of tangible property when it is abandoned and no effort was made to sell the property, provided the agency determines a sale was not practicable.

(e) The cost to an agency for removal of tangible property may not be considered an offsetting charge against other relocation payments.

(3) Actual and reasonable expense in searching for a replacement business. An agency shall pay a person for actual and reasonable expense in searching for a replacement business. The expense shall include transportation, food and lodging away from home and the value of time spent in searching, including any fee paid to a real estate agent or broker, providing a commission was not paid to the agent or broker by the seller.

(a) Receipted bills. All expense claimed except the value of time spent in searching shall be supported by receipts.

(b) Time spent in searching. Payment for time spent in searching may not exceed $30 per hour, unless approved by the agency. A certified statement of time spent, the hourly rate, and the replacement locations considered, shall support a claim.

(c) Payment amount. A search payment may not exceed $1,000, unless it is determined by an agency that a greater amount is necessary.

(4) Payment in lieu of actual and reasonable moving expense. An agency shall pay a person who discontinues or relocates a business, at a person’s option, a fixed payment in lieu of actual moving and related expense, and reestablishment expenses under s. Adm 92.67. The fixed payment shall be equal to the average annual net earnings of the business, but not less than $1,000, nor more than $20,000, if the following requirements are met:

(a) Loss of patronage. A person is unable to relocate without a substantial loss of existing patronage as specified under s. Adm 92.01 (18). A business shall be assumed to meet the loss of patronage test, unless the agency demonstrates that the business will not suffer a substantial loss of existing patronage, and shall consider the following:

1. The type of business and nature of the clientele may require a location near the displacement property and a suitable replacement site may not be available;

2. The replacement sites may create a significant financial burden on the business not otherwise compensable;

3. A person may incur substantial uncompensated expense, in down-time, the need to borrow additional capital, the allocation of other resources for a new operation, substantial change in method of operation or related expense;

4. A person is unable to relocate to the rental properties available and remain competitive;

5. The age or physical condition of a person or the need to be near a residence may make reestablishment of the business impractical.

(b) Number of businesses. The business is not part of a commercial enterprise having more than 3 other establishments not being displaced and engaged in the same or similar business under the same ownership.

(c) Rental business. The business is not operated at the displacement dwelling or site solely for the purpose of renting to others.

(d) Payment determination. The payment shall be based on the average annual net earnings of the business as specified under s. Adm 92.01 (3).

(e) In business less than 2 years. A business in operation for less than 2 years, shall qualify for a payment. The payment shall be based on a 12 consecutive month period, or by dividing the net earnings by the number of months in operation when operated less than 12 consecutive months.

(f) Owner verification of income. A business owner shall verify net earnings if claiming a payment in excess of $1,000. Income tax records shall be acceptable evidence of earnings.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) b. 1., (4) (intro.) and (a) 1. and (b), renum. (4) (c) to (e) to be (4) (d) to (f) and am. (4) (f), cr. (4) (c), Register, November, 1989, No. 407, eff. 12-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (1) (a), (b) 1., 2. (intro.), (4) (intro.), (a) (intro.), (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.58 Optional move payment — business.

(1) General. An agency shall pay a person who moved and was paid a moving expense as specified under s. Adm 92.56 (1), (2) or (3), a payment-in-lieu under s. Adm 92.56 (4) provided the business suffers a substantial loss of patronage and discontinues the business within 2 years of the date of payment for moving expense.

(2) Computation of payment. The optional move payment shall be the difference, if any, between the payment-in-lieu as specified under s. Adm 92.56 (4) and the moving payment received.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.60 Moving payment — farm operation.

(1) General. An agency shall pay a person displaced from a farm operation for actual moving and related expense, direct loss of tangible personal property, and actual expense in searching for a replacement farm operation, as specified under s. Adm 92.56 (1), (2) and (3).

(2) Payment in lieu of actual and reasonable moving expense. An agency shall pay a person who discontinues or relocates a farm operation, at the person’s option, a fixed payment in lieu of actual moving and related expense and reestablishment expenses under s. Adm 92.67. The fixed payment shall be equal to the average annual net earnings of the farm operation, but not less than $1,000, nor more than $20,000, if the following requirements are met:

(a) Entire farm affected. The entire farm operation is discontinued or relocated; or

(b) Partial acquisition. A farm operation shall be eligible in a partial taking, when:

1. The property remaining after the acquisition is no longer an economic unit for the same type of farm operation;

2. The acquisition caused displacement of a person from a farm operation on the remaining land; or

3. The acquisition caused substantial change in the nature of the farm operation.

(c) Payment determination. The payment shall be based on the average annual earnings of a farm operation as specified under s. Adm 92.01 (3).

(d) In operation less than 2 years. A farm in operation for less than 2 years shall qualify for a payment. The payment shall be based on a 12 consecutive month period, or by dividing the net earnings by the number of months in operation when operated less than 12 consecutive months.

(e) Owner verification of income. The farm operator shall verify net earnings if claiming a payment in excess of $1,000. Income tax records shall be acceptable evidence of earnings.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (2) (intro.), (b) 2. and (e), Register, November, 1989, No. 407, eff. 12-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (1), (2) (intro.), (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.62 Moving payment — nonprofit organization.

(1) General. An agency shall pay a displaced nonprofit organization for actual moving and related expense, direct loss of tangible personal property, and actual expense in searching for a replacement facility, as specified under s. Adm 92.56 (1), (2) and (3).

(2) Payment in lieu of actual moving expense. An agency shall pay a discontinued or relocated nonprofit organization at the organization’s option, a fixed payment in lieu of actual moving and related expense and reestablishment expenses under s. Adm 92.67. The fixed payment shall be equal to the average annual difference between gross revenues and administrative expenses for the 2 year period before displacement, but not less than $1,000, nor more than $20,000, if the organization is unable to relocate without a substantial loss of existing membership or clientele. A nonprofit organization is assumed to meet this test unless the agency demonstrates otherwise.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (2), Register, November, 1989, No. 407, eff.12-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.64 Moving payment — outdoor advertising sign.

(1) General. An agency shall pay a person displaced from an outdoor advertising sign for actual moving and related expense, direct loss of tangible personal property, and the actual expense in searching for a replacement site as specified under s. Adm 92.56 (1), (2) and (3).

(2) Sign must be conforming. An agency may not pay a claim for moving expense when a sign is relocated to a site in violation of law.

(3) Sign a part of other displaced business. The requirements in this section do not apply to an advertising sign owned by and located on a business or farm operation being displaced. The sign, including a sign eligible under s. Adm 92.50 (3), are considered items of the business or farm operation and shall be included as part of the moving expense payment.

(4) Direct loss of personal property. An agency shall pay a person for direct loss of tangible property when a person does not relocate a sign. The payment shall be the depreciated reproduction cost of the sign as determined by the agency or the estimated cost of moving the sign, whichever is less.

(5) Payment in lieu of actual and reasonable moving costs. At the person’s option, an agency shall pay a person who discontinues or relocates an outdoor advertising sign, a fixed payment in lieu of actual moving and related expenses and reestablishment expenses under s. Adm 92.67. The fixed payment shall be equal to the average annual net earnings of the sign, but not less than $1,000 nor more than $20,000, if the person meets the loss of patronage requirement under s. Adm 92.56 (4) (a).

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; cr. (5), Register, November, 1989, No. 407, eff. 12-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (1), (3), (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.66 Multiple occupants of a property. An agency shall, in determining whether more than one business or farm is eligible for relocation payments, consider all pertinent factors including the extent to which:

(1) The same facilities and equipment are shared;

(2) Substantially identical or interrelated business or farm functions are carried out and financial affairs are commingled;

(3) The entities are held out to the public, and to those customarily dealing with them, as one operation;

(4) The same person, or closely related persons own, control or manage the affairs of the entities.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

Adm 92.67 Reestablishment expenses—non residential moves.

(1) General. In addition to the payments available under s. Adm 92.56 (1), (2), and (3), a business, farm or nonprofit organization may be eligible to receive a payment, not to exceed $10,000, for expenses actually incurred in relocating and reestablishing at a replacement site.

(2) Eligible expenses. Reestablishment expenses may include, but are not limited to the following reasonable and necessary costs, as determined by the displacing agency:

(a) Repairs or improvements to the replacement real property as required by applicable federal, state or local codes or ordinances.

(b) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business.

(d) Provision of utilities from the right-of-way to improvements on the replacement site.

(e) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, panelling, or carpeting.

(f) Licenses, fees and permits when not paid as part of moving expenses.

(g) Feasibility surveys, soil testing and marketing studies.

(h) Advertisement of the replacement location.

(i) Professional services in connection with the purchase or lease of a replacement site.

(j) Increased costs of operation during the first 2 years at the replacement site for lease or rental charges, personal or real property taxes, insurance premiums, or utility charges.

(k) Impact fees or one-time assessments for anticipated heavy utility usage.

(L) Other items that the agency considers essential for reestablishment of the business.

(3) Ineligible expenses. Reestablishment expenditures that are not considered to be reasonable and necessary relocation costs include the following nonexclusive list:

(a) Purchase of capital assets, such as office furniture, filing cabinets, machinery or trade fixtures.