Chapter Adm 92

Adm 92.56(4)(a)2. 2. The replacement sites may create a significant financial burden on the business not otherwise compensable;

Adm 92.56(4)(a)3. 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;

Adm 92.56(4)(a)4. 4. A person is unable to relocate to the rental properties available and remain competitive;

Adm 92.56(4)(a)5. 5. The age or physical condition of a person or the need to be near a residence may make reestablishment of the business impractical.

Adm 92.56(4)(b) (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.

Adm 92.56(4)(c) (c) Rental business. The business is not operated at the displacement dwelling or site solely for the purpose of renting to others.

Adm 92.56(4)(d) (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).

Adm 92.56(4)(e) (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.

Adm 92.56(4)(f) (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.

Adm 92.56 History 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 Adm 92.58 Optional move payment — business.

Adm 92.58(1) (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.

Adm 92.58(2) (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.

Adm 92.58 History 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 Adm 92.60 Moving payment — farm operation.

Adm 92.60(1) (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).

Adm 92.60(2) (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:

Adm 92.60(2)(a) (a) Entire farm affected. The entire farm operation is discontinued or relocated; or

Adm 92.60(2)(b) (b) Partial acquisition. A farm operation shall be eligible in a partial taking, when:

Adm 92.60(2)(b)1. 1. The property remaining after the acquisition is no longer an economic unit for the same type of farm operation;

Adm 92.60(2)(b)2. 2. The acquisition caused displacement of a person from a farm operation on the remaining land; or

Adm 92.60(2)(b)3. 3. The acquisition caused substantial change in the nature of the farm operation.

Adm 92.60(2)(c) (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).

Adm 92.60(2)(d) (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.

Adm 92.60(2)(e) (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.

Adm 92.60 History 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 Adm 92.62 Moving payment — nonprofit organization.

Adm 92.62(1) (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).

Adm 92.62(2) (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.

Adm 92.62 History 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 Adm 92.64 Moving payment — outdoor advertising sign.

Adm 92.64(1) (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).

Adm 92.64(2) (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.

Adm 92.64(3) (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.

Adm 92.64(4) (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.

Adm 92.64(5) (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).

Adm 92.64 History 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 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:

Adm 92.66(1) (1) The same facilities and equipment are shared;

Adm 92.66(2) (2) Substantially identical or interrelated business or farm functions are carried out and financial affairs are commingled;

Adm 92.66(3) (3) The entities are held out to the public, and to those customarily dealing with them, as one operation;

Adm 92.66(4) (4) The same person, or closely related persons own, control or manage the affairs of the entities.

Adm 92.66 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

Adm 92.67 Adm 92.67 Reestablishment expenses—non residential moves.

Adm 92.67(1) (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.

Adm 92.67(2) (2) Eligible expenses. Reestablishment expenses may include, but are not limited to the following reasonable and necessary costs, as determined by the displacing agency:

Adm 92.67(2)(a) (a) Repairs or improvements to the replacement real property as required by applicable federal, state or local codes or ordinances.

Adm 92.67(2)(b) (b) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business.

Adm 92.67(2)(c) (c) Construction and installation costs for exterior signing to advertise the business.

Adm 92.67(2)(d) (d) Provision of utilities from the right-of-way to improvements on the replacement site.

Adm 92.67(2)(e) (e) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, panelling, or carpeting.

Adm 92.67(2)(f) (f) Licenses, fees and permits when not paid as part of moving expenses.

Adm 92.67(2)(g) (g) Feasibility surveys, soil testing and marketing studies.

Adm 92.67(2)(h) (h) Advertisement of the replacement location.

Adm 92.67(2)(i) (i) Professional services in connection with the purchase or lease of a replacement site.

Adm 92.67(2)(j) (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.

Adm 92.67(2)(k) (k) Impact fees or one-time assessments for anticipated heavy utility usage.

Adm 92.67(2)(L) (L) Other items that the agency considers essential for reestablishment of the business.

Adm 92.67(3) (3) Ineligible expenses. Reestablishment expenditures that are not considered to be reasonable and necessary relocation costs include the following nonexclusive list:

Adm 92.67(3)(a) (a) Purchase of capital assets, such as office furniture, filing cabinets, machinery or trade fixtures.

Adm 92.67(3)(b) (b) Purchase of manufacturing materials, production supplies, product inventory or other items used in the normal course of business operations.

Adm 92.67(3)(c) (c) Interior or exterior renovations at the replacement site which are for aesthetic purposes, except as provided in sub. (2) (e).

Adm 92.67(3)(d) (d) Interest on money borrowed to make the move or purchase the replacement property.

Adm 92.67(3)(e) (e) Payment to a part-time business in the home which does not contribute materially to the household income.

Adm 92.67(4) (4) Limitations. A person shall be eligible for reasonable and necessary reestablishment expenses, as determined by the agency, if such expenses are not otherwise paid as part of a replacement business or farm payment under s. Adm 92.90. A person who is eligible to receive a replacement business or farm payment of at least $10,000 under s. Adm 92.90 is not eligible for reestablishment expenses under this section, except for items in sub. (2) (c), (d), (f), (h), (k) and (L).

Adm 92.67 History History: Cr. Register, November, 1989, No. 407, eff. 12-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; am. (2) (c), (h) and (j), r. (3) (f), Register, March, 1997, No. 495, eff. 4-1-97; correction in (1), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

subch. V of ch. Adm 92 Subchapter V — Replacement Housing Payment

Adm 92.68 Adm 92.68 General. This section describes the general requirements for a replacement housing payment to a person displaced from a dwelling. A person is not required to relocate to the same owner or tenant occupancy status, but has other options as specified under this subchapter. An agency shall make one replacement payment for each dwelling unit, except in the case of joint occupancy of a single family dwelling as specified under sub. (7) (d).

Adm 92.68(1) (1) Eligibility requirements.

Adm 92.68(1)(a) (a) Persons who meet length of occupancy requirements. An owner or tenant occupant displaced from a dwelling shall be eligible for a replacement housing payment under this subchapter, if the person occupied the dwelling 180 days before initiation of negotiations if an owner, or 90 days if a tenant, except that a 90-day owner may qualify for a tenant replacement payment.

Adm 92.68(1)(b) (b) Persons who do not meet length of occupancy requirements. A person who occupies real property before its acquisition, but does not meet the length of occupancy requirements in par. (a), may receive a payment equal to the difference between 30% of the person’s average monthly income and the monthly housing costs of a replacement dwelling, for a period of 48 months, if a replacement rental is not otherwise available within 30% of the person’s average monthly income.

Adm 92.68(2) (2) Delayed occupancy for construction and rehabilitation. A person who contracts for the construction or rehabilitation of a replacement dwelling, but cannot occupy it within the time period as specified under s. Adm 92.70 (1) (b), shall be considered to have purchased and occupied the dwelling as of the date of the contract. A replacement payment may be deferred until occupancy, provided the agency makes payment into an interest-bearing escrow account for release to a person upon occupancy. An agency may pay the person before occupancy provided the agency is assured that occupancy will occur.

Adm 92.68(3) (3) Prior ownership of replacement dwelling or land. An agency shall make a replacement payment to a person based on a dwelling or site owned by the person before acquisition, if the person occupies the replacement within the time limit as specified under s. Adm 92.70 (1) (b), and the dwelling is decent, safe and sanitary. The fair market value of the land and the dwelling at the time of displacement shall be used as the actual cost in determining the payment.

Adm 92.68(4) (4) Housing inspection.

Adm 92.68(4)(a) (a) Person moves to decent, safe and sanitary. An agency shall make a replacement payment to a person after finding a replacement to be decent, safe and sanitary as specified under s. Adm 92.04.

Adm 92.68(4)(b) (b) Person moves to non-decent, unsafe or unsanitary.

Adm 92.68(4)(b)1. 1. An agency shall assist in correcting deficiencies and, when necessary, refer a displaced person to other decent, safe and sanitary housing, before terminating assistance or denying a replacement housing payment.

Adm 92.68(4)(b)2. 2. An agency shall notify a displaced person in writing within 10 days of an inspection regarding deficiencies to be corrected to receive payment, and shall make the payment when deficiencies are corrected, or a person moves to another decent, safe and sanitary dwelling.

Adm 92.68(5) (5) Statement of eligibility to a lender. An agency, upon request of a person to be relocated, shall inform an interested person or mortgage lender that the person shall be eligible for a replacement payment upon the purchase or rent and occupancy of a decent, safe and sanitary dwelling within the applicable time limit.

Adm 92.68(6) (6) Advance payment in a condemnation case. An agency shall promptly pay a replacement housing payment. An advance payment shall be made when an agency determines the acquisition payment will be delayed because of condemnation proceedings. An agency’s maximum offer shall be used as the acquisition price for calculating the payment. The payment shall be contingent on a person signing an affidavit of intent that:

Adm 92.68(6)(a) (a) The agency shall re-compute a replacement payment using the acquisition amount set by the court;

Adm 92.68(6)(b) (b) The person shall refund to an agency the excess amount from the judgment when the amount awarded as the acquisition amount plus the advance payment exceeds the amount actually paid for a replacement or an agency’s determined cost of a comparable replacement. A person is not required to refund more than the advance payment. A payment shall be made after condemnation proceedings are completed when a person does not sign an affidavit.

Adm 92.68(7) (7) Carve-out and modification of replacement payment computation.

Adm 92.68(7)(a) (a) Complete acquisition.

Adm 92.68(7)(a)1. 1. Typical size lot. The maximum replacement payment shall be the selling price of a comparable dwelling on a lot typical for the area, less the price of the acquired dwelling and the site, when a dwelling is located on a lot typical for the area.

Adm 92.68(7)(a)2. 2. Larger than typical size lot. The maximum replacement payment shall be the price of a comparable dwelling on a lot typical for the area, less the price of the acquired dwelling plus the price of that portion of the acquired land which represents a lot typical for the area, when the acquired dwelling is located on a lot size larger than typical for the area.

Adm 92.68(7)(b) (b) Partial acquisition.

Adm 92.68(7)(b)1. 1. Typical size lot. The maximum replacement payment shall be the selling price of a comparable dwelling on a lot typical for the area, less the value of the entire property, when an acquired dwelling is located on a lot typical for the area. An agency may purchase the remainder of the lot when requested by an owner.

Adm 92.68(7)(b)2. 2. Larger than typical size lot. The maximum replacement payment shall be the selling price of a comparable dwelling on a lot typical for the area, less the value of that portion which represents the homesite lot typical for the area, when the dwelling is located on a lot larger than typical for the area. An agency may purchase the remainder of the lot when requested by an owner.