See also EMINENT DOMAIN
Advance land acquisitions"
Agencies engaging in "advance land acquisitions" must comply with sec. 32.19, Stats., et .seq., Wisconsin's Relocation Assistance and Payment Law. 63-201
Condemnors
Condemnors may not offer displaced persons a loan or alternative assistance in lieu of payments authorized in sec. 32.19, Stats. Also condemnors do not have the authority to obtain written waivers of relocation assistance benefits as a condition for participation in a particular program. 70-94
Eminent domain procedure
Limited to a specific fact situation the Department of Natural Resources need not comply with the eminent domain procedure of ch. 32, Stats., when acquiring property if there is a bona fide intention not to condemn the property sought, but it must comply with Wisconsin Relocation Assistance Law if it has the statutory power to condemn the property acquired. 68-3
Owners of rental property
Owners of rental property who do not physically occupy real property taken for public use are not eligible for business replacement payments under sec. 32.19(4m), Stats., as affected by chs. 221 and 358, Laws of 1979. 69-263
The owners of rental property, regardless of its size, is engaged in "business" within the purview of sec. 32.19(2)(d), Stats. The Department of Local Affairs and Development may not create standards based on gross receipts or net earnings to determine whether an activity constitutes a "business." 69-11
Payments
Wisconsin condemnors are not bound by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 91-646, 84 Stat. 1894. Relocation assistance and payments to displaced persons must be made in accordance with secs. 32.19 to 32.27, Stats. Unrelated individuals who share a common dwelling for convenience sake without a common head of the household are "persons" under sec. 32.19, Stats. Payments to displaced persons must be made in accordance with state law. 63-229
Religious societies
Religious societies incorporated under ch. 187, Stats., are "persons" within the meaning of the Relocation Assistance Act and are entitled to the benefits of such Act if they otherwise qualify. 63-578
State debt financing
State debt financing of relocation payments under sec. 32.19, Stats., is permissible under the Wisconsin Constitution. 62-42
Tenant
A tenant who rents or leases a new parcel of property in reasonable anticipation of displacement prior to actual displacement is entitled to receive replacement payments as provided by sec. 32.19(4m)(b), Stats. 70-120
Tenants may not be treated as owners
Under the Relocation Assistance Act, tenants may not be treated as owners, and are limited to those benefits provided by the Legislature for tenants. 71-180
Vocational, Technical and Adult Education, Board of
Vocational, technical and adult education districts and the State Board of Vocational, Technical and Adult Education do not have the power of eminent domain and, therefore, are not subject to secs. 32.19 to 32.27, Stats. (Relocation Act). 63-367
WISCONSIN RESOURCE CENTER
Prisoner transfers
Rights and responsibilities of counties in prisoner transfers to the Wisconsin Resource Center discussed. 71-170
WISCONSIN RETIREMENT BOARD
Powers discussed
Authority of the Employe Trust Funds Board, the Teachers Retirement Board and the Wisconsin Retirement Board in contested cases discussed. 79-139
WISCONSIN RETIREMENT FUND
Age Discrimination in Employment Act
County collective bargaining agreement providing for payment of employe contributions to Wisconsin Retirement System only for those deputy sheriffs under age fifty-five violates the federal Age Discrimination in Employment Act. 72-91
Fixed Retirement Trust
Validity of possible statutory modifications to the Fixed Retirement Trust of the Wisconsin Retirement System discussed. 78-198
Police and firefighter employes
Section 40.21(4), Stats., limits prospective mandatory Wisconsin Retirement System coverage to present and future police and firefighter employes of cities and villages that had police and firefighter employes included in the Wisconsin Retirement Fund prior to March 31, 1978. 75-34
Prior service credit
The prior service credit for elected officials participating in the Wisconsin Retirement Fund, authorized by ch. 288, Laws of 1973 (sec. 41.02(12)(i), Stats.), may be paid in whole or in part by the governmental employer of those officials eligible for that credit. 64-61
Public administrators
Public administrators are public officials and, therefore, includable as "employes" under the Federal-State Social Security coverage agreement. Public administrators may be properly excluded by act of the Legislature from future coverage under the Wisconsin Retirement Fund and State Group Life Insurance. 62-20
School district
School district lacks authority to establish a pension plan other than through participation in the Wisconsin Retirement Fund for noncertified employes not subject to a collective bargaining agreement. (Unpub.). 68-1976
WISCONSIN RETIREMENT SYSTEM
Age discrimination in Employment Act
County collective bargaining agreement providing for payment of employe contributions to Wisconsin Retirement System only for those deputy sheriffs under age fifty-five violates the federal Age Discrimination in Employment Act. 72-91
Benefits for persons no longer working
Only the portion of 1987 Assembly Bill 265 that increases benefits for persons no longer working for a Wisconsin Retirement System participating employer is subject to the three-fourths vote requirement of article IV, section 26 of the Wisconsin Constitution. The Public Employe Trust Fund constitutes "state funds" as used in article IV, section 26 of the Wisconsin Constitution. 76-224
Budget Bill of 1991
Section 1148m of 1991 Wisconsin Act 39 does not violate article IV, sections 18 or 31 of the Wisconsin Constitution. 80-167
Military service credit
Constitutionality of 1989 Assembly Bill 565, providing military service credit for State Teachers Retirement System and Milwaukee Teachers Retirement System teachers who retired in 1981, discussed. 79-125
Police and firefighter employes
Section 40.21(4), Stats., limits prospective mandatory Wisconsin Retirement System coverage to present and future police and firefighter employes of cities and villages that had police and firefighter employes included in the Wisconsin Retirement Fund prior to March 31, 1978. 75-34
Statutory modifications discussed
Validity of possible statutory modifications to the Fixed Retirement Trust of the Wisconsin Retirement System discussed. 78-198
Teachers
Constitutionality of 1989 Assembly Bill 565, providing military service credit for State Teachers Retirement System and Milwaukee Teachers Retirement System teachers who retired in 1981, discussed. 79-125
Transaction Amortization Account
