(1) Property
transactions shall be subject to approval by the department and all of the
following provisions:
(a) Property
transactions shall be subject to ss.
32.19 to
32.27,
Stats., and relocation assistance shall be subject to ch. Adm 92.
Note: Under s.
Adm 92.01(14), "an owner occupant who
voluntarily sells a property to a displacing agency not vested with eminent
domain power" is not a displaced person and is not entitled to relocation
assistance. Tenants who occupy a property are entitled to relocation assistance
even if the owner is voluntarily selling the property.
Under s.
Adm 92.01(14) (b) 4., a "tenant-occupant
of a dwelling who has been promptly notified that he or she will not be
displaced by the project" but who can remain permanently on the property
subject to normal rental conditions and provisions may not be a displaced
person who qualifies for relocation assistance so long as they are not required
by the sponsor to move.
Under s.
Adm 92.01(33), relocation assistance
shall apply to all stewardship grants where the total of stewardship grants and
all other public financial assistance or direct government acquisition costs in
a project are at least $5,000 for a project with total costs of less than
$50,000; or at least 10% in a project having total costs of $50,000 or
more.
(b) Grant recipients
are required to obtain appraisals for all property acquisitions funded by
grants under this chapter.
(c)
Appraisals of property required for grant eligibility under this chapter shall
be subject to department review and approval according to department appraisal
guidelines.
Note: The department's appraisal guidelines are available
from any DNR regional office or from the DNR Bureau of Community Financial
Assistance, PO Box 7921, Madison, WI 53707-7921.
(d) Appraisers shall be state licensed,
certified "residential" or certified "general" appraisers and meet all
applicable state laws and rules for appraisers.
(e) Acquisitions with a fair market value of
more than $200,000 require 2 appraisals. The department may require a second
appraisal for property valued under $200,000 if the property presents a
difficult appraisal problem or if the first appraisal is unacceptable under
department guidelines.
(f) Grant
recipients and subsequent owners shall acquire and manage property acquired
with a grant in accordance with all applicable state, local and federal laws,
rules and regulations.
(g) Property
acquired with a grant shall be maintained and managed in accordance with the
provisions, conditions and descriptions in the grant agreement.
(h) Any property that is subject to a
reversionary right or has restrictions or covenants which would prevent the
property from being managed for purposes consistent with this grant program is
not eligible for a grant.
(i)
Grants may not be made for property acquired prior to a grant award without
prior written approval of the department.
(j) When the grant recipient is purchasing
property, the department may distribute the entire state share of the purchase
cost to a non-interest bearing escrow account, subject to a department approved
title insurance commitment for each property, to be released upon completion of
an insured closing and conveyance of the property to the grant recipient. If
the closing has not occurred within 90 days from the time funds are distributed
to the escrow account, the department may cause the funds in the escrow account
to be returned to the department.
(k) No grant may be awarded prior to receipt
of an environmental inspection report showing that the property contains no
undesirable environmental conditions, liabilities, potential liabilities or
hazards that are unacceptable to the department.
(L) Any grant award, which involves the
purchase of property shall be subject to a grant agreement as prescribed in
this chapter.
(m) No grant may be
awarded to acquire property through the power of eminent domain.
(2) The purchase of property shall
be subject to an executed grant agreement before any state funds can be
disbursed. Any grant agreement shall contain but not be limited to provisions
which:
(a) Provide for long term management
of the property.
(b) Prohibit using
the property as security for any debt unless the department previously approves
the incurring of the debt.
(c)
Prohibit closing the purchased property to the public except where the
department has determined that closure is necessary to protect wild animals,
plants or other natural features.
(d) Provide the department access to land
acquired with a municipal flood control grant under this chapter to monitor
compliance with the grant agreement or carry out any management activity
necessary to ensure the public's rights and safety. The department may require
project grant recipients to conduct self-inspections of these
properties.
(e) When a municipal
flood control grant is awarded under this chapter for acquiring an easement,
the grant recipient shall prepare a baseline document, approved by the
landowner and available to the department for inspection, before grant payments
are made.
(f) Provide the
department access to property on which an easement is acquired with a municipal
flood control protection grant, in a reasonable manner upon prior notice to the
easement holder and the landowner, to monitor compliance with the grant
conditions. The conditions of that access shall be contained in the easement
agreed to by the landowner. The department may grant exceptions to this access
requirement in extraordinary situations according to the procedure in s.
NR 199.11.
(g) Provide that the grant recipient may sell
or transfer the property to a third party other than a creditor of the grant
recipient with the prior written approval of the department. All restrictions
imposed by the grant contract and land management plan shall remain with the
property and any subsequent owners shall execute a grant agreement assignment
which states that they have received and reviewed the grant contract and land
management plan and shall abide by their provisions. Department approval of the
transfer is not valid until the contract assignment is signed by and recorded
in the appropriate register of deeds office.
(h) Require that the instrument conveying the
property to the recipient identify the interest of the state under par. (f) and
be recorded together with the grant agreement in the office of the register of
deeds of each county in which the property is located.
(i) Require that if the recipient violates
any essential provision of the grant or grant agreement, interest in or title
to the acquired property shall vest in the state, without necessity of
reentry.
(j) Provide that the grant
recipient shall notify the department of any change in the status or purpose of
the grant.
