Wis. Admin. Code Adm § 92.60

Current through May 28, 2024

Section Adm 92.60 - Moving payment - farm operation

(1) GENERAL. An agency shall pay a person displaced from a farm operation for actual moving and related expense, direct loss of tangible personal property, and actual expense in searching for a replacement farm operation, as specified under s. Adm 92.56(1), (2) and (3).

(2) PAYMENT IN LIEU OF ACTUAL AND REASONABLE MOVING EXPENSE. An agency shall pay a person who discontinues or relocates a farm operation, at the person's option, a fixed payment in lieu of actual moving and related expense and reestablishment expenses under s. Adm 92.67. The fixed payment shall be equal to the average annual net earnings of the farm operation, but not less than $1,000, nor more than $20,000, if the following requirements are met:

(a)Entire farm affected. The entire farm operation is discontinued or relocated; or

(b)Partial acquisition. A farm operation shall be eligible in a partial taking, when:

1. The property remaining after the acquisition is no longer an economic unit for the same type of farm operation;

2. The acquisition caused displacement of a person from a farm operation on the remaining land; or

3. The acquisition caused substantial change in the nature of the farm operation.

(c)Payment determination. The payment shall be based on the average annual earnings of a farm operation as specified under s. Adm 92.01(3).

(d)In operation less than 2 years. A farm in operation for less than 2 years shall qualify for a payment. The payment shall be based on a 12 consecutive month period, or by dividing the net earnings by the number of months in operation when operated less than 12 consecutive months.

(e)Owner verification of income. The farm operator shall verify net earnings if claiming a payment in excess of $1,000. Income tax records shall be acceptable evidence of earnings.

Wis. Admin. Code Department of Administration § Adm 92.60

Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (2) (intro.), (b) 2. and (e), Register, November, 1989, No. 407, eff. 12-1-89; corrections made under s. 13.93(2m) (b) 7, Stats., Register, April, 1996, No. 484; correction in (1), (2) (intro.), (c) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.