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.