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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.

THANK YOU!

Kassandra Walbrun

Phone: 608-266-2369

Email: kassandra.walbrun@dot.wi.gov