A-83637, MAY 5, 1937, 16 COMP. GEN. 978

A-83637: May 5, 1937

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHETHER THE ACQUISITION IS THROUGH CONDEMNATION PROCEEDINGS OR OTHERWISE. AS FOLLOWS: REFERENCE IS MADE TO YOUR LETTER A-83637 DATED FEBRUARY 24. DISTRICT COURTS BECAUSE OF INDEBTEDNESS TO THE UNITED STATES OF INDIVIDUALS WHOSE LANDS HAVE BEEN INCLUDED IN THE CONDEMNATION SUIT. MANY LETTERS HAVE BEEN RECEIVED REQUESTING THAT VOUCHERS FOR LAND PURCHASES BE SUBMITTED TO YOUR OFFICE BECAUSE OF SIMILAR INDEBTEDNESS AND IT IS PROBABLE THAT A LARGE PERCENTAGE OF THESE WILL BE INCLUDED IN CONDEMNATION SUITS. COURTS WHEN ONE OR MORE OF THE PARTIES WHOSE LANDS ARE INCLUDED IN THESE CONDEMNATION SUITS ARE INDEBTED TO THE UNITED STATES. IF SUCH VOUCHERS ARE NOW TO BE PAID THROUGH THE USUAL DISBURSEMENT CHANNELS.

A-83637, MAY 5, 1937, 16 COMP. GEN. 978

REAL ESTATE - ACQUISITION - CONDEMNATION OR OTHERWISE - PAYMENT PROCEDURE WHERE OWNERS INDEBTED TO UNITED STATES THE POSSIBILITY THAT THE MATTER OF GOVERNMENT INDEBTEDNESS MIGHT BE MADE THE BASIS OF REPORT TO THE ATTORNEY GENERAL FOR HIS INFORMATION AND CONSIDERATION RATHER THAN THE BASIS FOR SET-OFF BY THE GENERAL ACCOUNTING OFFICE DOES NOT JUSTIFY DISCONTINUANCE OF THE PRESENT PRACTICE OF TRANSMITTING TO THE GENERAL ACCOUNTING OFFICE FOR APPROPRIATE ACTION ALL PROPOSED PAYMENTS FOR LAND ACQUISITIONS TO PERSONS INDEBTED TO THE UNITED STATES, WHETHER THE ACQUISITION IS THROUGH CONDEMNATION PROCEEDINGS OR OTHERWISE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF AGRICULTURE, MAY 5, 1937:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 31, 1937, AS FOLLOWS:

REFERENCE IS MADE TO YOUR LETTER A-83637 DATED FEBRUARY 24, ADDRESSED TO THE SECRETARY OF THE TREASURY, DIVISION OF BOOKKEEPING AND WARRANTS.

IT APPEARS FROM THE LETTER THAT AMOUNTS MAY NOT BE WITHHELD FROM CLAIMS OF THE CLERKS OF THE U.S. DISTRICT COURTS BECAUSE OF INDEBTEDNESS TO THE UNITED STATES OF INDIVIDUALS WHOSE LANDS HAVE BEEN INCLUDED IN THE CONDEMNATION SUIT. MANY LETTERS HAVE BEEN RECEIVED REQUESTING THAT VOUCHERS FOR LAND PURCHASES BE SUBMITTED TO YOUR OFFICE BECAUSE OF SIMILAR INDEBTEDNESS AND IT IS PROBABLE THAT A LARGE PERCENTAGE OF THESE WILL BE INCLUDED IN CONDEMNATION SUITS. I SHOULD APPRECIATE BEING ADVISED WHETHER THE FOREST SERVICE SHOULD CONTINUE TO FORWARD FOR DIRECT SETTLEMENT VOUCHERS IN FAVOR OF THE CLERKS OF THE U.S. COURTS WHEN ONE OR MORE OF THE PARTIES WHOSE LANDS ARE INCLUDED IN THESE CONDEMNATION SUITS ARE INDEBTED TO THE UNITED STATES. IF SUCH VOUCHERS ARE NOW TO BE PAID THROUGH THE USUAL DISBURSEMENT CHANNELS, FURTHER INFORMATION IS DESIRED WHETHER YOUR OFFICE SHOULD BE INFORMED OF THE PAYMENT IN ORDER THAT CLAIMS ON ACCOUNT OF THE INDEBTEDNESS MAY BE FILED IN THE COURTS.

THERE APPEARS TO BE NOTHING IN THE LETTER REFERRED TO BY YOU WARRANTING THE ASSUMPTION STATED IN YOUR LETTER OR JUSTIFYING THE DISCONTINUANCE OF THE PRESENT PRACTICE OF FORWARDING TO THIS OFFICE FOR PROPER ACTION ALL PROPOSED PAYMENTS FOR LAND ACQUISITIONS TO PERSONS WHO ARE INDEBTED TO THE UNITED STATES, WHETHER THE ACQUISITION IS THROUGH CONDEMNATION PROCEEDINGS OR OTHERWISE. THE QUESTION OF WHETHER A SET-OFF SHOULD BE MADE IN A PARTICULAR CASE OR THE MATTER MERELY BROUGHT TO THE ATTENTION OF THE ATTORNEY GENERAL FOR CONSIDERATION IN THE SETTLEMENT OF THE CONDEMNATION PROCEEDINGS IS ONE FOR THE CONSIDERATION OF THIS OFFICE IN EACH PARTICULAR INSTANCE AND DOES NOT AFFECT THE REQUIREMENT THAT VOUCHERS UPON WHICH THE PAYMENTS ARE PROPOSED TO BE MADE EITHER THROUGH COURT REGISTRIES OR DIRECT TO THE DEBTORS MUST BE TRANSMITTED TO THIS OFFICE FOR CONSIDERATION AND APPROPRIATE ACTION.