B-139934, JUL. 31, 1959

B-139934: Jul 31, 1959

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THE UNITED STATES WAS GRANTED PERMISSION. TO PROSECUTE SUCH OTHER WORK AS IS NECESSARY FOR THE CONDUCT OF AUTHORIZED INVESTIGATION AND/OR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE PROPOSED GREERS FERRY DAM PROJECT.'. A RELEASE WAS OBTAINED FROM MR. INVESTIGATION REVEALED THAT TITLE TO THE PROPERTY WAS VESTED IN MR. THE ALLISONS HAVE SUBMITTED AN INVOICE FOR THE SUM OF $225. ALLISON ARE STATED TO BE APPROXIMATELY 75 YEARS OF AGEAND OF LIMITED EDUCATION. THEY WERE CONTACTED. THE PREVIOUSLY EXECUTED RELEASE WAS BROUGHT TO THEIR ATTENTION. WE ARE OF THE VIEW THE RELEASE NEED NOT BE CONSIDERED IN THE PAYMENT OF THIS CLAIM.

B-139934, JUL. 31, 1959

TO MR. W. R. PILCHER, DISBURSING OFFICER:

BY THIRD INDORSEMENT DATED JUNE 11, 1959, THE OFFICE OF THE CHIEF OF ENGINEERS, DEPARTMENT OF THE ARMY, FORWARDED FOR OUR CONSIDERATION YOUR REQUEST OF MAY 14, 1959, FILE NO. SWLFE, FOR AN ADVANCE DECISION ON THE DISPOSITION TO BE MADE OF THE CROP DAMAGE CLAIM OF H. N. ALLISON AND DOXIE A. ALLISON, HUSBAND AND WIFE, ROUTE 1, BOX 88, HEBER SPRINGS, ARKANSAS.

BY A PERMIT DATED OCTOBER 11, 1955, SIGNED BY H. M. ALLISON ONLY, THE UNITED STATES WAS GRANTED PERMISSION, UNTIL JULY 1, 1956, TO ENTER UPON THE ALLISONS' LAND "TO CONDUCT SURVEYS, TO PROSECUTE CORE BORINGS AND OTHER FOUNDATION EXPLORATIONS, TO CONSTRUCT AND REMOVE TEMPORARY BUILDINGS, AND TO PROSECUTE SUCH OTHER WORK AS IS NECESSARY FOR THE CONDUCT OF AUTHORIZED INVESTIGATION AND/OR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE PROPOSED GREERS FERRY DAM PROJECT.' THE PERMIT, APPARENTLY GRANTED WITHOUT CONSIDERATION, PROVIDED FOR REIMBURSEMENT "AT THE CURRENT MARKET PRICES FOR ANY CROPS DAMAGED.'

SUBSEQUENTLY, AT THE REQUEST OF THE GOVERNMENT, MR. ALLISON EXTENDED THE PERIOD OF THE PERMIT TO JUNE 30, 1958. ON JULY 5, 1958, A RELEASE WAS OBTAINED FROM MR. ALLISON DISCHARGING THE UNITED STATES FROM ALL MANNER OF ACTIONS, LIABILITY, AND CLAIMS ARISING OUT OF THE RIGHT-OF ENTRY PERMIT AND OCCUPATION BY THE UNITED STATES OF THE PROPERTY.

IN A LETTER OF DECEMBER 27, 1958, MRS. DOXIE A. ALLISON, WIFE OF H. M. ALLISON, SUBMITTED A CLAIM IN THE AMOUNT OF $600 FOR CROP DAMAGE DURING 1957 AND 1958. INVESTIGATION REVEALED THAT TITLE TO THE PROPERTY WAS VESTED IN MR. AND MRS. ALLISON AS TENANTS BY THE ENTIRETIES, AND THAT A $225 CROP DAMAGE HAD BEEN SUFFERED BY THEM INCIDENT TO THE EXERCISE BY THE GOVERNMENT OF THE RIGHT OF ENTRY. THE ALLISONS HAVE SUBMITTED AN INVOICE FOR THE SUM OF $225, TO COVER THEIR CLAIM.

MR. AND MRS. ALLISON ARE STATED TO BE APPROXIMATELY 75 YEARS OF AGEAND OF LIMITED EDUCATION. ON MARCH 12, 1959, THEY WERE CONTACTED, AND THE PREVIOUSLY EXECUTED RELEASE WAS BROUGHT TO THEIR ATTENTION. MR. ALLISON RECOGNIZED HIS SIGNATURE ON THE RELEASE BUT HAD NO RECOLLECTION OF SIGNING THE PAPER. HE CONTENDS HE DID NOT UNDERSTAND THE TRUE INTENT OF THE RELEASE AND SIGNED IT UNDER A MISAPPREHENSION AS TO THE PURPOSES STATED THEREIN.

WHILE NOT SPECIFICALLY STATED, WE GATHER FROM YOUR LETTER THAT NO CONSIDERATION ACTUALLY PASSED INCIDENT TO THE EXECUTION OF THE RELEASE -- THE ENTIRE AMOUNT OF THE LOSS ($225) BEING ADMINISTRATIVELY RECOMMENDED FOR PAYMENT. IT ALSO APPEARS THE POSITION OF THE GOVERNMENT HAS NOT BEEN ADVERSELY AFFECTED TO WARRANT CONSIDERING MR. ALLISON ESTOPPED FROM DENYING THE VALIDITY OF THE RELEASE.

WE ARE OF THE VIEW THE RELEASE NEED NOT BE CONSIDERED IN THE PAYMENT OF THIS CLAIM, AND THE AMOUNT OF THE LOSS SUFFERED BY THE ALLISONS SHOULD BE PAID JOINTLY TO BOTH OF THEM.