RelocationStatewide RE Conference

Breakout Session L

8:00 AM, May 15, 2013

Kassandra Walbrun,Statewide Relocation Facilitator, 608.266.2369

Presentation Topics (30-40 minutes)◦Real Property vs. Personal Property◦Fixtures◦Importance of Coordination◦READS◦Certification of Legal Residency◦Writ of Assistance

Open Discussion (20-30 minutes)

Session Outline

RELOCATION ASSISTANCE…

Provides support and

benefits in order tomove people and

their personal property

Real Property

Definition:“…include not only the land itself by

all the buildings and improvements thereon, and all fixtures and rights and privileges appertaining thereto…” (S. 70.03 Wis. Stats. )

Personal Property

Definition:“…shall include all goods, wares,

merchandise, chattels, and effects, of any nature or description, having any real or marketable value, not included in the term “real property” as defined in s. 70.03…” (s. 70.04, Wis. Stats.)

Fixture

An article that was once personal property, but which has become part of the real estate. (general definition)

Attached permanently to land or building

Is it a Fixture? Three Tests

Attachment – Was it attached in a way that would damage either if attempting removal?

Intent – Did the owner install with intention that it would never be moved?

Adaptation – Was the real property adapted to fit the personal property? Please see

REPM 2.4.2.3.1

Relocation

REAL PROPERTY PERSONAL PROPERTY

HouseShedSeptic systemPrivate wellTrees, landscaping

features Identified fixtures

(i.e., attached machinery)

Cars Trailers, boats, Tractors, farm

equipmentAppliancesComputer equipmentMachinery (moveable)

Acquisition

Coordination – Early and Often

Please contact us – early discussion works for everyone

Check ADM 92, REPM Chapter 5

When Coordination is Required

Examples:Deciding whether relocation benefits

should be providedInterpretations of Fed/State statute,

code, REPM and policyAll Discretionary Exceptions (“other”)

◦ Temporary moves◦ Atypical moving expenses

Any other time you are unsure

Coordination – Early and Often

Consultants must have regions review claims prior to submitting for approval to BTS-RE (central office)

Why? Quality control, consistency, efficiency

READS This tool will enhance your

efforts in relocation! All relocation fields must be

entered.Claims and documentation in

READS.Upcoming training!

Certification of Legal Residency

49 CFR 24.2 (a)(9)(ii)Definition of Not Displaced Person:

Not lawfully present in the U.S. and who has been determined to be ineligible for advisory assistance and relocation payments

49 CFR 24.208 Certification requirement

Please see REPM 5.1.3.4

Recent Writ of Assistance Experiences

If you expect it – coordinate!(Kassandra, Joel)

Upcoming revisions of REPM

Importance of Relocation Diary (DT1957)

Your Questions, Comments, Issues

Thank you!