Adm 92.60(1)(1)General. An agency shall pay a person displaced from a farm operation for actual moving and related expense, direct loss of tangible personal property, and actual expense in searching for a replacement farm operation, as specified under s. Adm 92.56 (1), (2) and (3).
Adm 92.60(2)(2)Payment in lieu of actual and reasonable moving expense. An agency shall pay a person who discontinues or relocates a farm operation, at the person’s option, a fixed payment in lieu of actual moving and related expense and reestablishment expenses under s. Adm 92.67. The fixed payment shall be equal to the average annual net earnings of the farm operation, but not less than $1,000, nor more than $20,000, if the following requirements are met:
Adm 92.60(2)(a)(a) Entire farm affected. The entire farm operation is discontinued or relocated; or
Adm 92.60(2)(b)(b) Partial acquisition. A farm operation shall be eligible in a partial taking, when:
Adm 92.60(2)(b)1.1. The property remaining after the acquisition is no longer an economic unit for the same type of farm operation;
Adm 92.60(2)(b)2.2. The acquisition caused displacement of a person from a farm operation on the remaining land; or
Adm 92.60(2)(b)3.3. The acquisition caused substantial change in the nature of the farm operation.
Adm 92.60(2)(c)(c) Payment determination. The payment shall be based on the average annual earnings of a farm operation as specified under s. Adm 92.01 (3).
Adm 92.60(2)(d)(d) In operation less than 2 years. A farm in operation for less than 2 years shall qualify for a payment. The payment shall be based on a 12 consecutive month period, or by dividing the net earnings by the number of months in operation when operated less than 12 consecutive months.
Adm 92.60(2)(e)(e) Owner verification of income. The farm operator shall verify net earnings if claiming a payment in excess of $1,000. Income tax records shall be acceptable evidence of earnings.
Adm 92.60 HistoryHistory: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (2) (intro.), (b) 2. and (e), 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), (2) (intro.), (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.62Adm 92.62Moving payment — nonprofit organization.
Adm 92.62(1)(1)General. An agency shall pay a displaced nonprofit organization for actual moving and related expense, direct loss of tangible personal property, and actual expense in searching for a replacement facility, as specified under s. Adm 92.56 (1), (2) and (3).
Adm 92.62(2)(2)Payment in lieu of actual moving expense. An agency shall pay a discontinued or relocated nonprofit organization at the organization’s option, a fixed payment in lieu of actual moving and related expense and reestablishment expenses under s. Adm 92.67. The fixed payment shall be equal to the average annual difference between gross revenues and administrative expenses for the 2 year period before displacement, but not less than $1,000, nor more than $20,000, if the organization is unable to relocate without a substantial loss of existing membership or clientele. A nonprofit organization is assumed to meet this test unless the agency demonstrates otherwise.
Adm 92.62 HistoryHistory: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (2), 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), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.64Adm 92.64Moving payment — outdoor advertising sign.
Adm 92.64(1)(1)General. An agency shall pay a person displaced from an outdoor advertising sign for actual moving and related expense, direct loss of tangible personal property, and the actual expense in searching for a replacement site as specified under s. Adm 92.56 (1), (2) and (3).
Adm 92.64(2)(2)Sign must be conforming. An agency may not pay a claim for moving expense when a sign is relocated to a site in violation of law.
Adm 92.64(3)(3)Sign a part of other displaced business. The requirements in this section do not apply to an advertising sign owned by and located on a business or farm operation being displaced. The sign, including a sign eligible under s. Adm 92.50 (3), are considered items of the business or farm operation and shall be included as part of the moving expense payment.
Adm 92.64(4)(4)Direct loss of personal property. An agency shall pay a person for direct loss of tangible property when a person does not relocate a sign. The payment shall be the depreciated reproduction cost of the sign as determined by the agency or the estimated cost of moving the sign, whichever is less.
Adm 92.64(5)(5)Payment in lieu of actual and reasonable moving costs. At the person’s option, an agency shall pay a person who discontinues or relocates an outdoor advertising sign, a fixed payment in lieu of actual moving and related expenses and reestablishment expenses under s. Adm 92.67. The fixed payment shall be equal to the average annual net earnings of the sign, but not less than $1,000 nor more than $20,000, if the person meets the loss of patronage requirement under s. Adm 92.56 (4) (a).
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.