Section Adm 92.06 - Written notice and informationAn 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.Wis. Admin. Code Department of Administration Adm 92.06
Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (2) (intro.) and (3) (intro.), renum. (4) to (8) to be (5) to (9), cr. (4), Register, November, 1989, No. 407, eff. 12-1-89; corrections in (6) made under s. 13.93(2m) (b) 7, Stats., Register, April, 1996, No. 484; correction in (6) (a) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.