Adm 92.06(3)(3) Information before initiation of negotiations. An agency, except an agency without eminent domain power undertaking a project where such power does not exist, shall, before initiation of negotiations, furnish the following pamphlets unless already furnished with the written notice at the time of initial contact as specified under sub. (2).

Adm 92.06(3)(a)(a) An owner of property shall receive a pamphlet, s. 32.05 or 32.06, Stats., depending on the type of project, entitled “Your Rights as a Landowner under Wisconsin Eminent Domain Law.”

Adm 92.06(3)(b)(b) A tenant or an owner-occupant of a residential property shall receive a pamphlet entitled “Wisconsin Relocation Rights”, for residential occupants.

Adm 92.06(3)(c)(c) A tenant or an owner-occupant of a business or farm property shall receive a pamphlet entitled “Wisconsin Relocation Rights”, for business or farm occupants.

Adm 92.06(4)(4) Information from agencies without eminent domain power. An agency without the power of eminent domain undertaking a project where such power does not exist, shall provide the following notices and information:

Adm 92.06(4)(a)(a) A written notice cautioning the owner against removal of tenants shall be provided to the owner before initiation of negotiations.

Adm 92.06(4)(b)(b) A relocation informational pamphlet under sub. (3) (b) or (c) shall be provided to a tenant occupant who will be displaced as soon as feasible and no later than 7 days after an offer to purchase has been accepted and all contingencies removed, except for a relocation plan approval contingency.

Adm 92.06(5)(5) Written offer to purchase. An offer to purchase a property shall be in writing and shall establish the date of initiation of negotiations. However, the date of a verbal monetary offer to purchase authorized by the acquiring agency shall be considered as initiation of negotiations to establish eligibility for a relocation benefit.

Adm 92.06(6)(6) Written notice of replacement payment entitlement and occupancy term.

Adm 92.06(6)(a)(a) An agency shall provide a written notice to occupants indicating the differential replacement payment computation as specified under ss. Adm 92.68 to 92.88 for residential occupants and under ss. Adm 92.90 to 92.98 for business and farm occupants. The notice shall be provided within 90 days of an expected date of vacation or at the request of a displaced person, whichever is sooner.

Adm 92.06(6)(b)(b) An agency may not require an occupant of property acquired by an agency to move without at least a 90 day written notice of an intended vacation date.

Adm 92.06(7)(7) Information on relocation claim filing. An agency shall furnish a displaced person with a claim form and explain the filing procedure before displacement. An agency shall assist in claim preparation and describe any supporting documentation a person must provide.

Adm 92.06(8)(8) Written notice of claim denial. An agency shall promptly notify a claimant in writing of a determination, the basis for a determination and how a person may modify the claim or file an appeal, when an agency denies a claim or does not approve the full amount.

Adm 92.06(9)(9) Manner of notice. An agency shall give a person written notice as specified in this section by personal service, receipt documented, or by certified or registered first-class mail, return receipt requested. A notice shall be written in plain language and have a name and a telephone number of a person to contact. An agency shall provide appropriate translation and counseling for a person to be displaced who is unable to read or understand a notice. An agency shall make a diligent effort to contact a person to provide notices specified in this section.

Adm 92.06 HistoryHistory: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (2) (intro.) and (3) (intro.), renum. (4) to (8) to be (5) to (9), cr. (4), Register, November, 1989, No. 407, eff. 12-1-89; corrections in (6) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (6) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.08Adm 92.08 Payment of relocation claim. An agency shall pay a displaced person a relocation payment as specified under this chapter.

Adm 92.08(1)(1) Time of filing. A displaced person may file a claim for payment following a move, but not later than 2 years after the following dates, unless extended by the agency for good cause:

Adm 92.08(1)(b)(b) For owners, the date of final payment for the purchase of the real property or the date of displacement, whichever is later.

Adm 92.08(2)(2) Prompt payment of a claim. An agency shall pay a claim in a timely manner, and promptly notify a displaced person when additional information is needed to support a claim. A replacement housing, business or farm payment shall be paid in one lump sum.

Adm 92.08(3)(3) Direct payment. An agency may not withhold part of a payment to a displaced person to satisfy an obligation to an agency or creditor, except that an agency may deduct any rent the displaced person owes the agency if the deduction does not prevent the person from obtaining a comparable replacement dwelling. An agency may not require a person to relinquish a right to future claims as a condition of payment. A payment shall be made to a displaced person, unless a person designates otherwise in writing, or a court orders a set off under s. 32.20, Stats.

Adm 92.08(4)(4) Partial payment. An agency shall pay a displaced person promptly for that part of the total claim not in dispute when only a part of a total claim is filed, or when a part of a claim is in dispute or is not sufficiently documented.

Adm 92.08(5)(5) Advance payment. An agency may pay a displaced person in advance of a move, subject to safeguards to ensure the payment is no greater than the amount a person is eligible to receive.

Adm 92.08(6)(6) No duplication of payment. A person eligible for a relocation payment under this chapter and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 84 Stat. 1894, may not receive a payment under both for items which have the same purpose and are equally compensable.

Adm 92.08(7)(7) Discounting prohibited. An agency may not discount a relocation payment for present worth, except for an increased interest payment.

Adm 92.08 HistoryHistory: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) and (3), Register, November, 1989, No. 407, eff. 12-1-89.

Adm 92.10Adm 92.10 Waiver or modification. The department may waive or modify any requirement that is not required under ss. 32.185 to 32.27, Stats., for good reason, and on an individual case basis, upon written request of an agency or a displaced person. A waiver shall be in writing to be valid.