Wis. Admin. Code Department of Administration Adm 92.06 - Written notice and information
An agency shall as a minimum, provide displaced persons and property owners with notices and relocation information as specified in this section.
(1) INFORMATION AT PUBLIC
HEARING. An agency shall provide the following general information if a public
hearing is held for a project which may involve land acquisition and
displacement of a person;
(a) A general
description of the relocation services and payments;
(b) A statement that an agency shall prepare
a relocation plan for approval by the department before acquisition and that
persons to be affected shall be contacted to obtain information to prepare the
plan;
(c) Identification of project
boundaries and an estimate of the number of residential and nonresidential
properties to be acquired;
(d) A
statement that a person who moves prematurely may jeopardize relocation
entitlements and that sufficient time to relocate will be provided;
(e) The name, address and telephone number of
an agency representative available for further information on acquisition and
relocation assistance matters.
(2) WRITTEN INFORMATION AT INITIAL CONTACT.
An agency, except an agency without eminent domain power undertaking a project
where such power does not exist, shall provide written notice at the time of
initial contact to obtain information necessary for preparation of a relocation
plan:
(a) An owner of rental property shall
receive a statement which describes the nature of the proposed project, informs
an owner that tenants are being contacted to obtain information to prepare the
plan, cautions the owner against eviction of tenants before acquisition,
explains that tenants are being advised not to move prematurely, and that in
the event tenants move before acquisition, an owner may qualify for a rent loss
payment.
(b) A tenant or an
owner-occupant of a property shall receive a statement which describes the
nature of a proposed project, warns against a premature move which may
jeopardize relocation entitlements, indicates the date acquisition is expected
to begin, summarizes the relocation assistance and benefits available, and
gives the name, address and phone number of an agency representative to
contact.
(3) INFORMATION
BEFORE INITIATION OF NEGOTIATIONS. An agency, except an agency without eminent
domain power undertaking a project where such power does not exist, shall,
before initiation of negotiations, furnish the following pamphlets unless
already furnished with the written notice at the time of initial contact as
specified under sub. (2).
(a) An owner of
property shall receive a pamphlet, s.
32.05 or
32.06,
Stats., depending on the type of project, entitled "Your Rights as a Landowner
under Wisconsin Eminent Domain Law."
(b) A tenant or an owner-occupant of a
residential property shall receive a pamphlet entitled "Wisconsin Relocation
Rights", for residential occupants.
(c) A tenant or an owner-occupant of a
business or farm property shall receive a pamphlet entitled "Wisconsin
Relocation Rights", for business or farm occupants.
Note: The pamphlets referred to in this section may be obtained from the department.
(4) INFORMATION FROM AGENCIES WITHOUT EMINENT
DOMAIN POWER. An agency without the power of eminent domain undertaking a
project where such power does not exist, shall provide the following notices
and information:
(a) A written notice
cautioning the owner against removal of tenants shall be provided to the owner
before initiation of negotiations.
(b) A relocation informational pamphlet under
sub. (3) (b) or (c) shall be provided to a tenant occupant who will be
displaced as soon as feasible and no later than 7 days after an offer to
purchase has been accepted and all contingencies removed, except for a
relocation plan approval contingency.
(5) WRITTEN OFFER TO PURCHASE. An offer to
purchase a property shall be in writing and shall establish the date of
initiation of negotiations. However, the date of a verbal monetary offer to
purchase authorized by the acquiring agency shall be considered as initiation
of negotiations to establish eligibility for a relocation benefit.
(6) WRITTEN NOTICE OF REPLACEMENT PAYMENT
ENTITLEMENT AND OCCUPANCY TERM.
(a) An agency
shall provide a written notice to occupants indicating the differential
replacement payment computation as specified under ss.
Adm 92.68 to for residential 92.88 occupants and under ss.
Adm 92.90 to for business 92.98 and farm occupants. The
notice shall be provided within 90 days of an expected date of vacation or at
the request of a displaced person, whichever is sooner.
(b) An agency may not require an occupant of
property acquired by an agency to move without at least a 90 day written notice
of an intended vacation date.
(7) INFORMATION ON RELOCATION CLAIM FILING.
An agency shall furnish a displaced person with a claim form and explain the
filing procedure before displacement. An agency shall assist in claim
preparation and describe any supporting documentation a person must
provide.
(8) WRITTEN NOTICE OF
CLAIM DENIAL. An agency shall promptly notify a claimant in writing of a
determination, the basis for a determination and how a person may modify the
claim or file an appeal, when an agency denies a claim or does not approve the
full amount.
(9) MANNER OF NOTICE.
An agency shall give a person written notice as specified in this section by
personal service, receipt documented, or by certified or registered first-class
mail, return receipt requested. A notice shall be written in plain language and
have a name and a telephone number of a person to contact. An agency shall
provide appropriate translation and counseling for a person to be displaced who
is unable to read or understand a notice. An agency shall make a diligent
effort to contact a person to provide notices specified in this
section.
Notes
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