Adm 92.64 HistoryHistory: 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 92.66Adm 92.66Multiple 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 HistoryHistory: Cr. Register, March, 1986, No. 363, eff. 4-1-86.
Adm 92.67Adm 92.67Reestablishment 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).