Adm 92.01(17)(17) “Eminent domain” means a right of government and others under s. 32.02, Stats., permitting a taking of private property for a public purpose with payment of just compensation.

Adm 92.01(18)(18) “Existing patronage” means the business from specific clientele or as evidenced by an annual net income during the 2 taxable years preceding the taxable year of an acquisition or during a more equitable period determined by an agency. The patronage for a nonprofit organization includes persons, clientele and community served or affected by the organization.

Adm 92.01(19)(19) “Farm operation” means an activity conducted mainly for the production of one or more agricultural products or commodities, or timber, for sale or home use, and customarily producing these in sufficient quantity to contribute materially to a person’s support.

Adm 92.01(20)(20) “Financial means” means the standard for determining if a dwelling is affordable. A replacement or comparable dwelling is within a person’s financial means when, as an owner, the monthly housing costs, including payments for mortgage, insurance, utilities and property taxes, or, as a tenant, monthly rent including comparable utility costs, minus any replacement housing payment available to a person under this chapter, does not exceed 30% of average monthly income. In lieu of the 30% of income standard in this subsection, a comparable dwelling may also be considered to be within a person’s financial means if:

Adm 92.01(20)(a)(a) Owner-occupant. The acquisition price of the comparable replacement dwelling does not exceed the sum of the payment for the acquired dwelling and the comparable replacement housing payment available under this chapter.

Adm 92.01(20)(b)(b) Tenant-occupant. The monthly rent of the comparable replacement does not exceed the monthly rent at the displacement dwelling, after taking into account any rental assistance payment available under this chapter.

Adm 92.01(21)(21) “Initiation of negotiations” means:

Adm 92.01(21)(a)(a) In acquisition projects, the date a displacing agency, or its representative, initially contacts an owner of real property, or the owner’s representative and makes a written monetary offer to purchase the property; or

Adm 92.01(21)(b)(b) In rehabilitation, code enforcement or related non-acquisition projects, the date a displacing agency makes its initial funding or other commitment to the project which may cause the displacement of an occupant, or the date a person receives actual or constructive notice that the person will be displaced, whichever is earlier, unless a different action or date is specified in applicable federal program regulations.

Adm 92.01 NoteNote: Initiation of negotiations does not generally include a situation where the agency obtains only a first right of refusal to acquire that does not also include a monetary offer or establishment of a purchase price and where the agency is not otherwise committed to the acquisition of the property.

Adm 92.01(21)(c)2.2. Responding to an offer to sell property and negotiating for the purchase of the property, when the offer does not involve the involuntary displacement of any occupant of the property and the agency is not implementing a project to acquire the property.

Adm 92.01(21)(c)3.3. Obtaining a right of first refusal to acquire that does not also include a monetary offer or establishment of a purchase price and does not otherwise commit the agency to the acquisition of the property.

Adm 92.01(22)(22) “Mortgage” means a lien given to secure an advance for the unpaid purchase price of real property, together with a credit instrument secured thereby.

Adm 92.01(23)(23) “Moving expense-actual” means an actual and reasonable expense necessary to move a person and personal property including charges by public utilities for starting service, storage of property up to 12 months, and necessary temporary lodging and transportation.

Adm 92.01(24)(24) “Moving expense-fixed payment” means an alternate payment for moving. A payment for an occupant of a dwelling is based on a room schedule plus a dislocation allowance. A fixed payment for a business or farm operation is based on average annual net earnings and may not be less than $1,000 nor more than $20,000.

Adm 92.01(25)(25) “Nonprofit organization” means a corporation, partnership, individual or other public or private entity, engaged in a legal business, professional or instructional activity on a nonprofit basis and having fixtures, equipment, stock in trade or other tangible property on the premises and established as a nonprofit organization under federal or state law.

Adm 92.01(26)(26) “Owner” means a person who has an interest in a dwelling or real property to be acquired by a displacing agency in the form of the following:

Adm 92.01(26)(d)(d) A mobile home on a permanent foundation, or a mobile home which is not decent, safe and sanitary, and cannot be moved without substantial damage or unreasonable cost or there are no replacement sites to where it can be moved;

Adm 92.01(26)(f)(f) Has succeeded to any of the interests under this subsection by devise, bequest, inheritance or operation of law, except the tenure of ownership, not occupancy, of a succeeding owner shall include the tenure of a preceding owner.

Adm 92.01(27)(27) “Owner-occupant, residential”, means a person, who is the owner of a property being acquired and occupies a dwelling on the property as a primary residence.

Adm 92.01(28)(28) “Owner-occupant, business”, means a person who is an owner of a property being acquired, and is also the owner and operator of a business or farm operation which was conducted on the property for at least one year before initiation of negotiations to purchase the property or the date of vacation when given a notice of intent to acquire, whichever is earlier.

Adm 92.01(29)(29) “Person” means an individual, family, partnership, corporation, association, business or farm operation, or non profit organization under this chapter. Two or more persons who are tenants of the same dwelling shall be treated as one person.