Ch. Adm 92 NoteNote: Chapter ILHR 202 was renumbered chapter ILHR 222 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1996, No. 484. Chapter ILHR 222 was renumbered chapter Comm 202, under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, March, 1997, No. 495. Chapter Comm 202 was renumbered chapter Adm 92 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

Adm 92.001Adm 92.001 Purpose. The purpose of this chapter is to implement ss. 32.185 to 32.27, Stats., by establishing minimum standards for providing relocation payments and services to a person who moves from a dwelling, business or farm operation because of acquisition for a public project, and to assure that such persons do not suffer disproportionate costs as a result of projects designed to benefit the public as a whole. Payments required by this chapter do not affect any right to seek compensation specified in ss. 32.01 through 32.18 and 32.28, Stats. The department of administration shall assure that displaced persons are treated uniformly, fairly and equitably.

Adm 92.001 HistoryHistory: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. Register, November, 1989, No. 407, eff. 12-1-89; correction made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.

Adm 92.002Adm 92.002 Applicability. This chapter applies to the following:

Adm 92.002(1)(1) A public project conducted by any agency under s. Adm 92.01 (13) which may or shall displace any person from real property regardless of the source of funds, federal regulations, or the date the project was formally adopted, approved, funded or started;

Adm 92.002 HistoryHistory: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) (b), Register, (November, 1989, No. 407, eff. 12-1-89; correction made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, April, 1996, No. 484; correction in (intro.), (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.01Adm 92.01 Definitions. In this chapter:

Adm 92.01(1)(b)(b) A tenant-occupied unit where possession or use is denied to the occupant under a rehabilitation, code enforcement or other program or project being carried out with public financial assistance.

Adm 92.01(3)(3) “Average annual net earnings” means one half of the net earnings of a business or farm operation, before federal and state income taxes, during the 2 taxable years preceding the taxable year of the displacement, or another period an agency determines more equitable. It includes compensation paid by a business or farm operation to an owner, spouse or dependents. Owner, as used under this subsection includes a sole proprietorship, a principal partner of a partnership, and a principal stockholder of a corporation. Stock held by a spouse and dependent children shall be treated as one principal stockholder.

Adm 92.01(4)(4) “Average monthly income” means, for determining financial means, the annual gross income of an individual or the adults in a family, including salaries, wages, public assistance payments, tips, commissions, unemployment payments, rents, royalties, dividends, interest, profits, pensions, annuities, and other income, divided by 12.

Adm 92.01(5)(a)(a) For the purchase, sale, lease or rent of personal and real property, and to manufacture, process or market a product, commodity, or other personal property;

Adm 92.01(5)(d)(d) Solely for the purpose of moving and related expense, to assist in the purchase, sale, resale, manufacture, processing or marketing of a product, commodity, personal property or service by the erection and maintenance of an outdoor advertising display, whether or not it is located on the premises on which any of the activities listed in this paragraph are conducted.

Adm 92.01(6)(6) “Carve-out” means a method for computing a replacement housing, business or farm operation payment that is applied to separate the value of a portion of a property acquired, or a comparable selected.