B-127766, SEP. 17, 1956
Highlights
COOPER: RECEIPT IS ACKNOWLEDGED OF YOUR LETTERS DATED AUGUST 20 AND SEPTEMBER 1. WHEREIN YOUR WERE INFORMED THAT THIS OFFICE WAS WITHOUT AUTHORITY TO ALLOW YOUR CLAIM FOR DAMAGES SUSTAINED AS A RESULT OF THE REPEATED FLOODING SINCE 1944 OF YOUR FARMLAND SITUATED IN THE VICINITY OF CHAMBERSBURG (PIKE COUNTY). /2) THAT THE RESTORATION OR RECONSTRUCTION OF THE SO-CALLED CHAMBERSBURG LEVEE BY THE ABOVE MENTIONED AGENCY WAS NOT LEGALLY AUTHORIZED. BY PREVIOUS CORRESPONDENCE YOU WERE NOTIFIED THAT YOUR CLAIM IS ONE SOUNDING IN TORT. THAT THIS OFFICE IS NOT AUTHORIZED TO CONSIDER OR SETTLE TORT CLAIMS AGAINST THE UNITED STATES ARISING IN ANY FEDERAL AGENCY OTHER THAN THE GENERAL ACCOUNTING OFFICE IN ANY AMOUNT.
B-127766, SEP. 17, 1956
TO MR. H. M. COOPER:
RECEIPT IS ACKNOWLEDGED OF YOUR LETTERS DATED AUGUST 20 AND SEPTEMBER 1, 1956, MAKING REFERENCE TO OUR DECISION OF JULY 26, 1956, B-127766, ADDRESSED TO YOU AT BOX 261, HOLLY, COLORADO, WHICH SUSTAINED GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JANUARY 25, 1956, WHEREIN YOUR WERE INFORMED THAT THIS OFFICE WAS WITHOUT AUTHORITY TO ALLOW YOUR CLAIM FOR DAMAGES SUSTAINED AS A RESULT OF THE REPEATED FLOODING SINCE 1944 OF YOUR FARMLAND SITUATED IN THE VICINITY OF CHAMBERSBURG (PIKE COUNTY), ILLINOIS.
IN YOUR LETTER OF AUGUST 20, YOU REQUEST THAT YOUR CLAIM BE REOPENED AND PROMPTLY ALLOWED--- IT BEING YOUR CONTENTION (1) THAT THE CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, HAS DEPRIVED YOU OF YOUR INCOME AND PROPERTY WITHOUT DUE PROCESS OF LAW, AND,/2) THAT THE RESTORATION OR RECONSTRUCTION OF THE SO-CALLED CHAMBERSBURG LEVEE BY THE ABOVE MENTIONED AGENCY WAS NOT LEGALLY AUTHORIZED, IN THAT THE APPLICATION THEREFOR DID NOT CONTAIN SIGNATURES OF CERTAIN INDIVIDUALS AS REQUIRED BY LAW.
BY PREVIOUS CORRESPONDENCE YOU WERE NOTIFIED THAT YOUR CLAIM IS ONE SOUNDING IN TORT, AND THAT THIS OFFICE IS NOT AUTHORIZED TO CONSIDER OR SETTLE TORT CLAIMS AGAINST THE UNITED STATES ARISING IN ANY FEDERAL AGENCY OTHER THAN THE GENERAL ACCOUNTING OFFICE IN ANY AMOUNT. IN THE DECISION IT WAS POINTED OUT THAT JURISDICTION TO DETERMINE AND SETTLE TORT CLAIMS AGAINST THE UNITED STATES FOR MONEY DAMAGES IN EXCESS OF $1,000 IS VESTED EXCLUSIVELY IN THE COURTS, AND THAT UNDER EXISTING LAW THE HEAD OF EACH FEDERAL AGENCY, OR HIS DESIGNEE FOR THAT PURPOSE ACTING ON BEHALF OF THE UNITED STATES, IS VESTED WITH DISCRETIONARY AUTHORITY TO CONSIDER AND SETTLE TORT CLAIMS AGAINST THE UNITED STATES FOR MONEY DAMAGES OF $1,000 OR LESS. IN PARAGRAPH 4 OF OUR LETTER, THERE WAS QUOTED 28 U.S.C. 1331 AND THERE WAS CITED 28 U.S.C. 1346 (2) (B), AS TO THE JURISDICTION OF THE UNITED STATES DISTRICT COURTS IN SUCH MATTERS.
YOUR RECENT LETTER CONTAINS NO FACTS OR INFORMATION WHICH WOULD WARRANT ANY MODIFICATION OF THE CONCLUSION REACHED IN OUR DECISION OF JULY 26, 1956.