Adm 92.01(7)(c)1. 1. Condition, state of repair, land area and building square footage required;

Adm 92.01(7)(c)2. 2. Access to transportation necessary for the business operation, customers, utilities and public services.

Adm 92.01(7)(d) (d) Is in an area free of adverse environmental conditions which may cause significant impairment of the business.

Adm 92.01(7)(e) (e) Is within reasonable proximity of the acquired business if necessary to retain existing or new clientele.

Adm 92.01(8) (8) “Comparable replacement dwelling” means a dwelling which is currently available to the displaced person and, when compared with the dwelling being acquired:

Adm 92.01(8)(a) (a) Is adequate for the person and is decent, safe and sanitary under s. Adm 92.04.

Adm 92.01(8)(b) (b) Is functionally equivalent and substantially the same as the acquired dwelling, with respect to:

Adm 92.01(8)(b)1. 1. Area of habitable living space, number and size of rooms and closets, and the size and utility of any garage or outbuilding within the immediate surrounding yard;

Adm 92.01(8)(b)2. 2. Type of construction, age and state of repair;

Adm 92.01(8)(b)3. 3. In an area not less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities and neighborhood conditions, including schools and municipal services, and is accessible to the person’s place of employment;

Adm 92.01(8)(c) (c) Is available to the person regardless of sex, race, color, disability, religion, national origin, sex or marital status of the person maintaining a household, legal sources of income, age, ancestry, sexual orientation or other applicable federal, state or local fair housing laws.

Adm 92.01 Note Note: The comparable must be available to the person being displaced. For example, a dwelling may not be selected as a comparable for a family with children, when the owner does not rent to families with children.

Adm 92.01(8)(d) (d) Is available within the financial means of the displaced person.

Adm 92.01(9) (9) “Comparable replacement farm operation” means a replacement farm operation currently available to a displaced person and, when compared to the acquired farm operation:

Adm 92.01(9)(a) (a) Meets applicable federal, state or local codes;

Adm 92.01(9)(b) (b) Is adequate for the needs of the farmer and suited for the same type of farm operation;

Adm 92.01(9)(c) (c) Is similar in major characteristics and functionally equivalent with respect to:

Adm 92.01(9)(c)1. 1. Type of farm operation, condition, and state of repair of farm buildings;

Adm 92.01(9)(c)2. 2. Soil quality, yield per acre, land area, transportation access necessary for the farm operation, utilities and public services;

Adm 92.01(9)(d) (d) Is in an area free of adverse environmental conditions which may cause significant impairment of the farm operation;

Adm 92.01(9)(e) (e) Is within reasonable proximity of the acquired farm operation to the extent necessary for the farm operation.

Adm 92.01(10) (10) “Conventional financing” means, for determining a down payment assistance payment, a loan or promissory note secured by a mortgage made by a financial institution and not insured or guaranteed by an agency of the state or federal government, or any other private insurer.

Adm 92.01(11) (11) “Department” means the Wisconsin department of administration.

Adm 92.01(12) (12) “Direct loss of property” means a compensable moving expense, in addition to an expense incurred in a move of other property, payable to a displaced business or farm operation, for direct loss of tangible personal property used in a moved or discontinued operation and which is sold or abandoned rather than moved, after attempting to sell.

Adm 92.01(13) (13) “Displacing agency” means a condemnor, state agency, political subdivision of the state, developer or any other person carrying out a public project that causes a person to be a displaced person. An agency vested with eminent domain power under ch. 32, Stats., acquiring real property in whole or in part for a public project, is a displacing agency, regardless of whether or not any or all of the statutory or procedural steps necessary to exercise such power have been taken, or whether the property is acquired by negotiated purchase or by eminent domain. In a project being carried out by a person or entity without eminent domain power, the condemnor, state agency or political subdivision of the state that is the principal public funding source for the project, shall ensure compliance with the provisions of this chapter.

Adm 92.01(14) (14) 

Adm 92.01(14)(a) (a) “Displaced person” means any person who moves from real property or moves personal property from real property:

Adm 92.01(14)(a)1. 1. As a direct result of a written notice of intent to deny possession or use of rented property or to purchase real property, the initiation of negotiations for, or the purchase of, such real property by a displacing agency, in whole or in part, for a public project. A person is also considered to have moved because of the purchase when the person occupies a property at the time of initiation of negotiations, but moves before acquisition, if the property is subsequently acquired;

Adm 92.01(14)(a)2. 2. As a result of denial of possession or use by the owner in anticipation of acquisition by an agency, if the removal is unrelated to a material breach of a rental agreement by the tenant. A substantial and unwarranted rent increase before acquisition by an agency shall be considered denial or use by the owner; or