B-127766, NOV. 6, 1956
Highlights
COOPER: WE HAVE YOUR LETTER OF OCTOBER 22. MAKING FURTHER REFERENCE TO YOUR CLAIM FOR DAMAGES STATED TO HAVE BEEN SUSTAINED BECAUSE OF THE REPEATED FLOODING OF YOUR FARMLAND NEAR CHAMBERSBURG. THE DAMAGES ARE REPORTED TO HAVE BEEN CAUSED BY A LEVEE ERECTED SEVERAL YEARS AGO WHICH HAS BEEN REPAIRED FROM TIME TO TIME BY THE CORPS OF ENGINEERS. YOUR CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JANUARY 25. YOU WERE FURNISHED WITH A COPY OF A DETAILED REPORT PREPARED BY THE CORPS OF ENGINEERS. WHEREIN IT WAS STATED THAT EVEN IF THE FACTS ASSERTED BY YOU "BE ACCEPTED AS ESTABLISHED" YOU HAD NOT PRESENTED A LEGAL CLAIM FOR DAMAGES AGAINST THE UNITED STATES. B-127766) YOU WERE ADVISED THAT THIS OFFICE HAS NO JURISDICTION TO AWARD YOU DAMAGES AS CLAIMED.
B-127766, NOV. 6, 1956
TO MR. H. M. COOPER:
WE HAVE YOUR LETTER OF OCTOBER 22, 1956, MAKING FURTHER REFERENCE TO YOUR CLAIM FOR DAMAGES STATED TO HAVE BEEN SUSTAINED BECAUSE OF THE REPEATED FLOODING OF YOUR FARMLAND NEAR CHAMBERSBURG, ILLINOIS, SINCE 1944. ALSO, MRS. COOPER'S LETTER OF OCTOBER 24, WITH ENCLOSURES, RELATING TO YOUR CLAIM ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, HAS BEEN FORWARDED HERE FOR CONSIDERATION AND REPLY. THE DAMAGES ARE REPORTED TO HAVE BEEN CAUSED BY A LEVEE ERECTED SEVERAL YEARS AGO WHICH HAS BEEN REPAIRED FROM TIME TO TIME BY THE CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY.
YOUR CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JANUARY 25, 1956. THEREAFTER, WITH LETTER DATED APRIL 11, 1956, YOU WERE FURNISHED WITH A COPY OF A DETAILED REPORT PREPARED BY THE CORPS OF ENGINEERS, ST. LOUIS DISTRICT, WHEREIN IT WAS STATED THAT EVEN IF THE FACTS ASSERTED BY YOU "BE ACCEPTED AS ESTABLISHED" YOU HAD NOT PRESENTED A LEGAL CLAIM FOR DAMAGES AGAINST THE UNITED STATES. UPON THREE OCCASIONS SINCE RELEASING THE SETTLEMENT (BY DECISIONS TO YOU DATED JULY 26, SEPTEMBER 17, AND OCTOBER 19, 1956, B-127766) YOU WERE ADVISED THAT THIS OFFICE HAS NO JURISDICTION TO AWARD YOU DAMAGES AS CLAIMED, AND THAT AUTHORITY TO CONSIDER, DETERMINE, AND SETTLE YOUR CLAIM FOR MONEY DAMAGES EXCEEDING THE SUM OF $1,000 AS VESTED EXCLUSIVELY IN THE DISTRICT COURTS. SEE SECTIONS 1331, 1343, AND 1346, TITLE 28, UNITED STATES CODE.
YOUR RECENT LETTERS FAIL TO CONTAIN INFORMATION WHICH WARRANT ANY MODIFICATION IN OUR PREVIOUS DECISION. INASMUCH AS OUR OFFICE HAS NO VESTED AUTHORITY TO AWARD YOU DAMAGES AS CLAIMED, FURTHER CORRESPONDENCE IN THE MATTER WOULD APPEAR TO SERVE NO USEFUL PURPOSE.