Section Adm 92.12 - Waiver of relocation benefitsAn owner-occupant of a property to be acquired, as an agreed upon condition of acquisition of the property, may waive relocation benefits as specified under s. 32.19, Stats., provided a waiver is executed knowledgeably, without duress, and under the following requirements:
(1) The property to be acquired by an agency is:(a) An isolated parcel, not included as part of a public project or located within a proposed or previously designated area where it is reasonable to conclude that other acquisitions by the agency will occur in the foreseeable future;(b) Being sold voluntarily to an agency: 1. In response to a public solicitation provided the agency states that it will not acquire property unless a mutually satisfactory agreement can be reached;2. Through a voluntary listing of a property for sale by an owner;3. Under another voluntary circumstance.(2) The property owner shall be given pamphlets prepared by the department entitled "Wisconsin Relocation Rights," and "The Rights of Landowners under Wisconsin Eminent Domain Law" before execution of a waiver agreement.(3) An agency shall inform the property owner in writing regarding the specific dollar benefits and services being waived before execution of a waiver agreement.(4) The waiver is executed on a form provided by the department.(5) The executed waiver is submitted to the department for approval before initiation of negotiations. The agency shall receive written approval of a waiver from the department before entering into an option to purchase or making an offer to purchase, unless an option or offer to purchase is conditioned on receipt of department approval. A waiver submitted to the department for approval shall be considered approved unless the department otherwise notifies the agency within 10 working days of receipt of the waiver.(6) An agency may not solicit or execute a waiver from a person who is a tenant of a property to be acquired. An owner of a property to be acquired may not waive a relocation benefit for another person.(7) A waiver of a relocation benefit as specified under this chapter does not affect the rights of an owner under other provisions of ch. 32, Stats.Wis. Admin. Code Department of Administration Adm 92.12
Cr. Register, March, 1986, No. 363, eff. 4-1-86.A displaced tenant may choose not to claim relocation payment during the two year time limit, provided the choice is not a condition of the acquisition or relocation from the property involved.