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Relocation Statewide RE Conference Breakout Session L 8:00 AM, May 15, 2013 Kassandra Walbrun, Statewide Relocation Facilitator, 608.266.2369
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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
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RELOCATION ASSISTANCE… Provides support and benefits in order to move people and their personal property
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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. )
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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.)
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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
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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 Please see REPM 2.4.2.3.1
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Relocation REAL PROPERTYPERSONAL PROPERTY House Shed Septic system Private well Trees, landscaping features Identified fixtures (i.e., attached machinery) Cars Trailers, boats, Tractors, farm equipment Appliances Computer equipment Machinery (moveable) Acquisition
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Coordination – Early and Often Please contact us – early discussion works for everyone Check ADM 92, REPM Chapter 5
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When Coordination is Required Examples: Deciding whether relocation benefits should be provided Interpretations of Fed/State statute, code, REPM and policy All Discretionary Exceptions (“other”) ◦ Temporary moves ◦ Atypical moving expenses Any other time you are unsure
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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
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READS This tool will enhance your efforts in relocation! All relocation fields must be entered. Claims and documentation in READS. Upcoming training!
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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 Please see REPM 5.1.3.4
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Recent Writ of Assistance Experiences If you expect it – coordinate! (Kassandra, Joel) Upcoming revisions of REPM Importance of Relocation Diary (DT1957)
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Your Questions, Comments, Issues Thank you!
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