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RELOCATION APPEALS PROCESS
Kassandra Walbrun, Statewide Relocation Facilitator
Wisconsin Department of Transportation
PRESENTATION OVERVIEW
Brief Overview of Wisconsin’s Relocation Program
Wisconsin’s Appeals Process
Recent Appeal Examples
UNIFORM ACT AND STATES
States compliance with Uniform Act is critical for maintaining federal funding for highway projects
Wisconsin Laws – mimicked original Uniform
Act Wisconsin Statutes Chapter 32 “Eminent Domain” Wisconsin Administrative Code ADM 92 “Relocation
Assistance” Case law – Wisconsin Supreme Court
WISCONSIN RELOCATION LAWS
Authorizes payments, benefits, timelines Provides add’l. benefits
Provides appeal process
Wisconsin State Statutes Sections 32.185-32.27
WISCONSIN RELOCATION LAWS
Applies to all public projects, including WisDOT
Requires brochures from WI Dept. of Admin.
Requires a relocation plan prior to all acquisition activities
Allows 24 months to file claims
Wisconsin State Statutes Sections 32.185-32.27
WISCONSIN RELOCATION LAWS
Provides business replacement payment Up to $30K for tenant businesses Up to $50K for owner businesses
Provides net rental losses to property owners
Tenant Replacement housing payments for 48 months
Waiver of relocation assistance
Wisconsin State Statutes Sections 32.185-32.27
WISCONSIN ADMINISTRATIVE CODE – ADM 92
Relocation Assistance Code “owned” by WI Dept. of Administration
ADM 92 has not been updated in decades.
Procedural requirements inconsistent with Uniform Act
WISCONSIN ADMINISTRATIVE CODE – ADM 92
Requires contents of relocation file
Requires specific appeals rights and procedures
WISDOT’S RELOCATION PROGRAM
WisDOT’s Program is regionalized central office oversight, plans and business
claim review, audit
150 relocations annually (ave.) Residential 60% Non-residential (business) 40%
Relocation claims $2.6 million annually
WISCONSIN RELOCATION APPEALS PROCEDURE
WisDOT’s Handout on Relocation Appeal Process. Provided to displaced persons for decisions, claim alterations, claim reductions and/or claim denials.
RECENT APPEAL EXAMPLE
Antique Mall with over 150 dealers. Storage was pre-approved for a storage unit, for 3 months.
Appeal of storage unit space. Issues: • Coordination
between region & tenant.
• Tenant misunderstood process.
• Unclear inventory moved from previous location.
RESOLUTION – KEEP IT SIMPLE
Focus on issues!
What is the displaced person’s request?
What can be resolved?
The Storage Solution – Provided approval for reimbursement of 2 storage units
for 12 months. Did not approve request to “not count October for start
of 12 month timeframe” Identified other items that should be reimbursable with
documentation.
ANOTHER APPEAL EXAMPLE - DISPLACED RESIDENTIAL OWNER, BUSINESS TENANT AND LANDLORD
All three displacement entities were a single person
RELOCATION FACTS
Residence
A single family home was purchased by single displaced resident to live in as a primary residence.
Replacement home inspected and met DSS. RHP was provided.
Tenant Business
Same person as homeowner. Replacement rental location leased by business. RBP was provided.
Landlord
Same person as homeowner/business owner. Indicated that he would be converting single family home to duplex.
WHAT OCCURRED
Landlord indicated to the Relocation Agent:
He wanted to create two separate units, for an upper unit and a lower unit.
He would rent out lower unit, and live in upper unit.
He would need to convert lower unit.
Claimed reestablishment expenses for construction expenses on lower unit.
WHAT OCCURRED
Region denied claim.
Leased “upper unit” while living in lower unit, unfinished.
Paid RHP for upper unit, not lower where he was living.
Claim was for washer and dryer addition, sink in toilet area.
Appeal of region’s denial of reestablishment expenses
WisDOT Response Multiple issues The landlord purchased a replacement home, which also served as his residential replacement. Whole house met DSS, but not two units separately.
Area is single family, residential zoning.
Work was done without building permit, zoning approval.
Requested further documentation. Time expired without any further relocation claims.
