32.19(2)(a)4.
4. Solely for the purpose of
sub. (3) for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.
32.19(2)(b)
(b) “Comparable dwelling" means one which, when compared with the dwelling being taken, is substantially equal concerning all major characteristics and functionally equivalent with respect to: the number and size of rooms and closets, area of living space, type of construction, age, state of repair, size and utility of any garage or other outbuilding, type of neighborhood and accessibility to public services and places of employment. “Comparable dwelling" shall meet all of the standard building requirements and other code requirements of the local governmental body and shall also be decent, safe and sanitary and within the financial means of the displaced person, as defined by the department of administration.
32.19(2)(c)
(c) “Comparable replacement business" means a replacement business which, when compared with the business premises being acquired by the condemnor, is adequate for the needs of the business, is reasonably similar in all major characteristics, is functionally equivalent with respect to condition, state of repair, land area, building square footage required, access to transportation, utilities and public service, is available on the market, meets all applicable federal, state or local codes required of the particular business being conducted, is within reasonable proximity of the business acquired and is suited for the same type of business conducted by the acquired business at the time of acquisition.
32.19(2)(d)
(d) “Comparable replacement farm operation" means a replacement farm operation which, when compared with the farm operation being acquired by the condemnor, is adequate for the needs of the farmer, is reasonably similar in all major characteristics, is functionally equivalent with respect to type of farm operation, condition and state of repair of farm buildings, soil quality, yield per acre, land area, access to transportation, utilities and public services, is within reasonable proximity of the acquired farm operation, is available on the market, meets all applicable federal, state or local codes required of the particular farm operation acquired and is suited for the same type of farming operation conducted by the displaced person at the time of acquisition.
32.19(2)(e)1.1. “Displaced person" means, except as provided under
subd. 2., any person who moves from real property or who moves his or her personal property from real property:
32.19(2)(e)1.a.
a. As a direct result of a written notice of intent to acquire or the acquisition of the real property, in whole or in part or subsequent to the issuance of a jurisdictional offer under this subchapter, for public purposes; or
32.19(2)(e)1.b.
b. As a result of rehabilitation, demolition or other displacing activity, as determined by the department of administration, if the person is a tenant-occupant of a dwelling, business or farm operation and the displacement is permanent.
32.19(2)(e)2.a.
a. Any person determined to be unlawfully occupying the property or to have occupied the property solely for the purpose of obtaining assistance under
ss. 32.19 to
32.27; or
32.19(2)(e)2.b.
b. Any person, other than a person who is an occupant of the property at the time it is acquired, who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project for which it is being acquired.
32.19(2)(f)
(f) “Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
32.19(2)(g)
(g) “Owner displaced person" means a displaced person who owned the real property being acquired and also owned the business or farm operation conducted on the real property being acquired.
32.19(2)(h)1.
1. Any individual, partnership, limited liability company, corporation or association which owns a business concern; or
32.19(2)(h)2.
2. Any owner, part owner, tenant or sharecropper operating a farm; or
32.19(2)(h)4.
4. An individual not a member of a family, except that 2 or more tenant occupants of the same dwelling unit shall be considered as one person.
32.19(2)(i)
(i) “Tenant displaced person" means a displaced person who owned the business or farm operation conducted on the real property being acquired but leased or rented the real property.
32.19(2m)
(2m) Information on payments. Before initiating negotiations to acquire the property under
s. 32.05 (2a),
32.06 (2a) or
subch. II, the condemnor shall provide displaced persons with copies of applicable pamphlets prepared under
s. 32.26 (6).
32.19(3)
(3) Relocation payments. Any condemnor which proceeds with the acquisition of real and personal property for purposes of any project for which the power of condemnation may be exercised, or undertakes a program or project that causes a person to be a displaced person, shall make fair and reasonable relocation payments to displaced persons, business concerns and farm operations under this section. Payments shall be made as follows:
32.19(3)(a)
(a)
Moving expenses; actual. The condemnor shall compensate a displaced person for the actual and reasonable expenses of moving the displaced person and his or her family, business or farm operation, including personal property; actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property; actual reasonable expenses in searching for a replacement business or farm operation; and actual reasonable expenses necessary to reestablish a business or farm operation, not to exceed $10,000, unless compensation for such expenses is included in the payment provided under
sub. (4m).
32.19(3)(b)
(b)
Moving expenses; optional fixed payments. 32.19(3)(b)1.1. `Dwellings.' Any displaced person who moves from a dwelling and who elects to accept the payments authorized by this paragraph in lieu of the payments authorized by
par. (a) may receive an expense and dislocation allowance, determined according to a schedule established by the department of administration.
32.19(3)(b)2.
2. `Business and farm operations.' Any displaced person who moves or discontinues his or her business or farm operation, is eligible under criteria established by the department of administration by rule and elects to accept payment authorized under this paragraph in lieu of the payment authorized under
par. (a), may receive a fixed payment in an amount determined according to criteria established by the department of administration by rule, except that such payment shall not be less than $1,000 nor more than $20,000. A person whose sole business at the displacement dwelling is the rental of such property to others is not eligible for a payment under this subdivision.
32.19(3)(c)
(c)
Optional payment for businesses. Any displaced person who moves his or her business, and elects to accept the payment authorized in
par. (a), may, if otherwise qualified under
par. (b) 2., elect to receive the payment authorized under
par. (b) 2., minus whatever payment the displaced person received under
par. (a), if the displaced person discontinues the business within 2 years of the date of receipt of payment under
par. (a), provided that the displaced person meets eligibility criteria established by the department of administration by rule. In no event may the total combined payment be less than $1,000 nor more than $20,000.
32.19(3)(d)
(d)
Federally financed projects. Notwithstanding
pars. (a) to
(c), in the case of a program or project receiving federal financial assistance, a condemnor shall, in addition to any payment under
pars. (a) to
(c), make any additional payment required to comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
42 USC 4601 to
4655, and any regulations adopted thereunder.
32.19(4)(a)(a)
Owner-occupants. In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment, not to exceed $25,000, to any displaced person who is displaced from a dwelling actually owned and occupied, or from a mobile home site actually owned or occupied, by the displaced person for not less than 180 days prior to the initiation of negotiations for the acquisition of the property. For the purposes of this paragraph, a corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17), may, if otherwise eligible, be considered a displaced owner. A displaced owner may elect to receive the payment under
par. (b) 1. in lieu of the payment under this paragraph. Such payment includes only the following:
32.19(4)(a)1.
1. The amount, if any, which when added to the acquisition payment, equals the reasonable cost of a comparable replacement dwelling available on the private market, as determined by the condemnor.
32.19(4)(a)1m.
1m. In the case of a person displaced from a mobile home site who meets one of the conditions under
subd. 1m. a.,
b. or
c., the amount, if any, which when added to the trade-in or salvage value of the mobile home equals the reasonable cost of a comparable mobile home which is decent, safe and sanitary, plus an amount equal to 48 times the difference between the monthly rent being paid for the site on which the mobile home is located and the monthly rent for a comparable mobile home site or the amount necessary to enable the displaced person to make a down payment on the purchase of a comparable mobile home site. If a comparable mobile home dwelling is not available, the replacement housing payment shall be calculated on the basis of the next highest type of mobile home or a conventional dwelling that is available and meets the requirements and standards for a comparable dwelling. The owner of a mobile home shall be eligible for payments under this subdivision if one of the following conditions is met:
32.19(4)(a)1m.a.
a. The mobile home is not considered to be a decent, safe and sanitary dwelling unit.
32.19(4)(a)1m.b.
b. The structural condition of the mobile home is such that it cannot be moved without substantial damage or unreasonable cost.
32.19(4)(a)1m.c.
c. There are no adequate or available replacement sites to which the mobile home can be moved.
32.19(4)(a)2.
2. The amount of increased interest expenses and other debt service costs incurred by the owner to finance the purchase of another property substantially similar to the property taken, if at the time of the taking the land acquired was subject to a bona fide mortgage or was held under a vendee's interest in a bona fide land contract, and such mortgage or land contract had been executed in good faith not less than 180 days prior to the initiation of negotiations for the acquisition of such property. The computation of the increased interest costs shall be determined according to rules promulgated by the department of administration.
32.19(4)(a)3.
3. Reasonable incidental fees, commissions, discounts, surveying costs, title evidence costs and other closing costs incurred in the purchase of replacement housing, but not including prepaid expenses.
32.19(4)(ag)
(ag)
Limitation. Payment under
par. (a) shall be made only to a displaced person who purchases and occupies a decent, safe and sanitary replacement dwelling not later than one year after the date on which the person moves from the dwelling acquired for the project, or the date on which the person receives payment from the condemnor, whichever is later, except that the condemnor may extend the period for good cause. If the period is extended, payment under
par. (a) shall be based on the costs of relocating the displaced person to a comparable replacement dwelling within one year of the date on which the person moves from the dwelling acquired for the project.
32.19(4)(b)
(b)
Tenants and certain others. In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment to any individual or family displaced from any dwelling which was actually and lawfully occupied by such individual or family for not less than 90 days prior to the initiation of negotiations for the acquisition of such property or, if displacement is not a direct result of acquisition, such other event as determined by the department of administration by rule. For purposes of this paragraph, a corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17), may, if otherwise eligible, be considered a displaced tenant. Subject to the limitations under
par. (bm), such payment shall be either:
32.19(4)(b)1.
1. The amount, if any, which, when added to the rental cost of the acquired dwelling, equals the reasonable cost of leasing or renting a comparable dwelling available on the private market for a period not to exceed 4 years, as determined by the condemnor, but not to exceed $8,000; or
32.19(4)(b)2.
2. If the person elects to purchase a comparable dwelling, the amount determined under
subd. 1. plus expenses under
par. (a) 3.
32.19(4)(bm)1.1. Payment under
par. (b) shall be made only to a displaced person who rents, leases or purchases a decent, safe and sanitary replacement dwelling and occupies that dwelling not later than one year after the date on which the person moves from the displacement dwelling, except that the condemnor may extend the period for good cause.
32.19(4)(bm)2.
2. If a displaced person occupied the dwelling acquired for at least 90 days but not more than 180 days prior to the initiation of negotiations for the acquisition of the property, the payment under
par. (b) may not exceed the amount the displaced person would receive if the displaced person was eligible for a payment under
par. (a).
32.19(4)(c)
(c)
Additional payment. If a comparable dwelling is not available within the monetary limits established in
par. (a) or
(b), the condemnor may exceed the monetary limits and make payments necessary to provide a comparable dwelling.
32.19(4)(d)
(d)
Federally financed projects. Notwithstanding
pars. (a) to
(c), in the case of a program or project receiving federal financial assistance, a condemnor shall, in addition to any payment under
pars. (a) to
(c), make any additional payment required to comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
42 USC 4601 to
4655, and any regulations adopted thereunder.
32.19(4m)
(4m) Business or farm replacement payment. 32.19(4m)(a)(a)
Owner-occupied business or farm operation. In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment, not to exceed $50,000, to any owner displaced person who has owned and occupied the business operation, or owned the farm operation, for not less than one year prior to the initiation of negotiations for the acquisition of the real property on which the business or farm operation lies, and who actually purchases a comparable replacement business or farm operation for the acquired property within 2 years after the date the person vacates the acquired property or receives payment from the condemnor, whichever is later. An owner displaced person who has owned and occupied the business operation, or owned the farm operation, for not less than one year prior to the initiation of negotiations for the acquisition of the real property on which the business or farm operation lies may elect to receive the payment under
par. (b) 1. in lieu of the payment under this paragraph, but the amount of payment under
par. (b) 1. to such an owner displaced person may not exceed the amount the owner displaced person is eligible to receive under this paragraph. The additional payment under this paragraph shall include the following amounts:
32.19(4m)(a)1.
1. The amount, if any, which when added to the acquisition cost of the property, other than any dwelling on the property, equals the reasonable cost of a comparable replacement business or farm operation for the acquired property, as determined by the condemnor.
32.19(4m)(a)2.
2. The amount, if any, which will compensate such owner displaced person for any increased interest and other debt service costs which such person is required to pay for financing the acquisition of any replacement property, if the property acquired was encumbered by a bona fide mortgage or land contract which was a valid lien on the property for at least one year prior to the initiation of negotiations for its acquisition. The amount under this subdivision shall be determined according to rules promulgated by the department of administration.
32.19(4m)(a)3.
3. Reasonable expenses incurred by the displaced person for evidence of title, recording fees and other closing costs incident to the purchase of the replacement property, but not including prepaid expenses.
32.19(4m)(b)
(b)
Tenant-occupied business or farm operation. In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment to any tenant displaced person who has owned and occupied the business operation, or owned the farm operation, for not less than one year prior to initiation of negotiations for the acquisition of the real property on which the business or farm operation lies or, if displacement is not a direct result of acquisition, such other event as determined by the department of administration, and who actually rents or purchases a comparable replacement business or farm operation for the displaced business or farm operation within 2 years after the date the person vacates the acquired property. At the option of the tenant displaced person, such payment shall be either:
32.19(4m)(b)1.
1. The amount, not to exceed $30,000, which is necessary to lease or rent a comparable replacement business or farm operation for a period of 4 years. The payment shall be computed by determining the average monthly rent paid for the property from which the person was displaced for the 12 months prior to the initiation of negotiations or, if displacement is not a direct result of acquisition, such other event as determined by the department of administration and the monthly rent of a comparable replacement business or farm operation, and multiplying the difference by 48; or
32.19(4m)(b)2.
2. If the tenant displaced person elects to purchase a comparable replacement business or farm operation, the amount determined under
subd. 1. plus expenses under
par. (a) 3.
32.19(5)
(5) Eminent domain. Nothing in this section or
ss. 32.25 to
32.27 shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of damages.
32.19 History
History: 1971 c. 99,
103,
244,
287;
1973 c. 192;
1975 c. 224,
273;
1977 c. 418,
438,
440;
1979 c. 32,
221,
358,
361;
1981 c. 390 s.
252;
1983 a. 27 ss.
881 to
888;
1983 a. 186,
189;
1983 a. 236 ss.
12,
13;
1983 a. 538;
1987 a. 399;
1993 a. 112;
1995 a. 27 ss.
1713 to
1722,
9116 (5);
1995 a. 225;
1997 a. 79;
2011 a. 32;
2015 a. 55.
32.19 Cross-reference
Cross-reference: See also s.
Adm 92.001, Wis. adm. code.
32.19 Annotation
Owners of rental property who do not physically occupy the real property taken for public use are ineligible for business replacement payments under sub. (4m). A business that owned a parking lot used for customer and employee parking was an occupants of the lot and a displaced person under sub. (2) (e) eligible for relocation benefits under s. 32.05 (8). City of Milwaukee v. Roadster LLC,
2003 WI App 131,
265 Wis. 2d 518,
666 N.W.2d 524,
02-3102.
32.19 Annotation
Both statutory and administrative code provisions contemplate that the initial offer of a replacement housing payment is not static in amount. These provisions contemplate a more dynamic approach, allowing for recomputation of the payment after the acquisition damages have been more fully assessed. Pinczkowski v. Milwaukee County,
2005 WI 161,
286 Wis. 2d 339,
706 N.W.2d 642,
03-1732.
32.19 Annotation
Sub. (2) (c) does not require: 1) identification of a property that is identical to the property condemned; or 2) that at the moment of identification, the property, without modification, can be used by the business that was relocated. Rather, it requires identification of a property that with modification can be used for the occupier's business. A condemnor has no open-ended obligation to provide a replacement property that is acceptable to the business being relocated. City of Janesville v. CC Midwest, Inc.
2007 WI 93,
302 Wis. 2d 599;
734 N.W.2d 428,
04-0267.
32.19 Annotation
The definition of “displaced person" in sub. (2) (e) 1. b. provides that a “displaced person" is one whose move is prompted by “rehabilitation, demolition, or other displacing activity" and is an alternative to in sub. (2) (e) 1. a., which contains no reference to the physical condition or habitability of the condemned property, and instead defines “displaced person" in terms of “direct" causation. Sub. sub. (2) (e) 1. b. contains no explicit requirement that a person's move must be “forced" or involuntary in order to render that person “displaced." Waller v. American Transmission Company, LLC,
2013 WI 77,
350 Wis. 2d 242,
833 N.W.2d 764,
12-0805.
32.19 Annotation
A suit against a state agency constitutes a suit against the state for purposes of sovereign immunity. If the legislature has not specifically consented to the suit, then sovereign immunity deprives the court of personal jurisdiction. The legislature has specifically directed the manner in which suits may be brought against the state to vindicate rights under this section. The displaced person must file a claim under s. 32.20, which must, under that section's specific language, precede any resort to court. Aesthetic and Cosmetic Plastic Surgery Center, LLC v. Department of Transportation,
2014 WI App 88,
356 Wis. 2d 197,
853 N.W.2d 607,
13-2052.
32.19 Annotation
State debt financing of relocation payments is permissible under art. VIII, s. 7 (2) (a). 62 Atty. Gen. 42.
32.19 Annotation
Relocation benefits and services, when an owner initiates negotiations for the acquisition, is discussed. 62 Atty. Gen. 168.
32.19 Annotation
State agencies engaging in advance land acquisitions must comply with this section et seq., Wisconsin's relocation assistance and payment law. 63 Atty. Gen. 201.
32.19 Annotation
Wisconsin condemnors are not bound by the federal relocation act. Relocation assistance and payments to displaced persons must be made in accordance with ss. 32.19 to 32.27. Unrelated individuals who share a common dwelling for convenience sake without a common head of the household are persons under this section. 63 Atty. Gen. 229.
32.19 Annotation
Religious societies incorporated under ch. 187 are “persons" within the meaning of the relocation assistance act and are entitled to the benefits of the act if they otherwise qualify. 63 Atty. Gen. 578.
32.19 Annotation
An owner of rental property, regardless of its size, is engaged in “business" under sub. (2) (d) [now sub. (2) (a)]. 69 Atty. Gen. 11.
32.19 Annotation
Owners of rental property who do not physically occupy real property taken for public use are not eligible for business replacement payments under sub. (4m). 69 Atty. Gen. 263.
32.19 Annotation
Condemnors may not offer displaced persons a loan or alternative assistance in lieu of payments. Condemnors may not obtain waivers of benefits as a condition for participation in acquisition program. 70 Atty. Gen. 94.
32.19 Annotation
A tenant who rents new property in reasonable anticipation of displacement prior to actual displacement is entitled to replacement payments under sub. (4m) (b). 70 Atty. Gen. 120.
32.19 Annotation
There was no constitutional “taking" when tenants were ordered to vacate temporarily their uninhabitable dwelling to permit repairs pursuant to a housing code. Devines v. Maier,
728 F.2d 876 (1984).
32.19 Annotation
Compensation for lost rents. 1971 WLR 657.
32.195
32.195
Expenses incidental to transfer of property. In addition to amounts otherwise authorized by this subchapter, the condemnor shall reimburse the owner of real property acquired for a project for all reasonable and necessary expenses incurred for:
32.195(1)
(1) Recording fees, transfer taxes and similar expenses incidental to conveying such property.
32.195(2)
(2) Penalty costs for prepayment of any mortgage entered into in good faith encumbering such real property if the mortgage is recorded or has been filed for recording as provided by law prior to the date specified in
s. 32.19 (4) (a) 2.
32.195(3)
(3) The proportional share of real property taxes paid which are allocable to a period subsequent to the date of vesting of title in the condemnor or the effective date of possession of such real property by the condemnor, whichever is earlier.
32.195(4)
(4) The cost of realigning personal property on the same site in partial takings or where realignment is required by reason of elimination or restriction of existing used rights of access.
32.195(5)
(5) Expenses incurred for plans and specifications specifically designed for the property taken and which are of no value elsewhere because of the taking.
32.195(6)
(6) Reasonable net rental losses when all of the following are true:
32.195(6)(a)
(a) The losses are directly attributable to the public improvement project.
32.195(6)(b)
(b) The losses are shown to exceed the normal rental or vacancy experience for similar properties in the area.
32.195(7)
(7) Cost of fencing reasonably necessary pursuant to
s. 32.09 (6) (g) shall, when incurred, be payable in the manner described in
s. 32.20.
32.195 Cross-reference
Cross-reference: See also s.
Adm 92.001, Wis. adm. code.
32.195 Annotation
An owner who is legally liable for expenses incurred for plans relating to condemned property is entitled to reimbursement under sub. (5). Shepherd Legan Aldrian Ltd. v. Village of Shorewood,
182 Wis. 2d 472,
513 N.W.2d 686 (Ct. App. 1994).
32.196
32.196
Relocation payments not taxable. Except for reasonable net rental losses under
s. 32.195 (6), no payments received under
s. 32.19 or
32.195 may be considered income for the purposes of
ch. 71; nor may such payments be considered income or resources to any recipient of public assistance and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled under any welfare law.
32.196 History
History: 1983 a. 27 s.
888.
32.196 Cross-reference
Cross-reference: See also s.
Adm 92.001, Wis. adm. code.
32.197
32.197
Waiver of relocation assistance. An owner-occupant of property being acquired may waive his or her right to receive any relocation payments or services under this subchapter if the property being acquired is not contiguous to any property which may be acquired by the condemnor and is not part of a previously identified or proposed project where it is reasonable to conclude that acquisition by the condemnor may occur in the foreseeable future. Prior to the execution of any waiver under this section, the condemnor shall provide to the owner-occupant, in writing, full information about the specific payments and services being waived by the owner-occupant. The department of administration shall by rule establish procedures for relocation assistance waivers under this section to ensure that the waivers are voluntarily and knowledgeably executed.
