Use of Appropriated Funds for the Cost of Construction Work Required by the Relocation of the Electric Distribution Lines

B-13574: Dec 2, 1940

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The decision of the Comptroller General is requested by the Department of War as to whether or not the amount of $7,453.26 representing the cost of the construction work required by the relocation of the electric distribution lines is a proper charge against funds appropriated by the First Supplemental National Defense Appropriation Act, 1941.

If the said Kankakee Valley Rural Membership Corporation is the owner of easements or rights-of-way under which their right to maintain their lines over the land involved is paramount to the right of the Government as owner of the underlying fee to require their removal, and it is administratively determined that the proposed contract price for the removal and relocation of such lines is fair and reasonable in comparison with the amount of just compensation which reasonably might be awarded upon condemnation of such easements, or if such price is no more than deemed necessary by the Department to be paid under contract in lieu of condemnation in order to expedite the building up of the national defense pursuant to the Act of July 2, 1940, the cited appropriation will be available for otherwise proper payments under such contract.