B-157306, OCT. 4, 1965

B-157306: Oct 4, 1965

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YOU CLAIM THAT THE UNITED STATES IS INDEBTED TO YOU IN THE AMOUNT OF $9. THE TOWN OF CHALANDRI DECIDED TO PROVIDE A ROAD BETWEEN YOUR PROPERTY AND PROPERTY OF THE UNITED STATES WHICH PROPERTIES AT THAT TIME WERE ADJACENT. SOME 955 SQUARE METERS OF LAND WERE REQUIRED FOR THE ROAD OF WHICH 60 SQUARE METERS WERE TO BE PROVIDED FROM LAND OWNED BY THE UNITED STATES AND 895 SQUARE METERS FROM LAND WHICH YOU OWNED. THERE IS IMPOSED ON NEIGHBORING PROPRIETORS WHO BENEFIT FROM THE OPENING OF A NEW ROAD AN OBLIGATION TO PARTIALLY INDEMNIFY THOSE PROPRIETORS WHOSE LAND HAS BEEN EXPROPRIATED FOR THE ROAD. YOU HAVE RAISED YOUR ORIGINAL CLAIM TO $9. YOUR PROPERTY WAS TAKEN BY A POLITICAL SUBDIVISION OF THE GREEK STATE.

B-157306, OCT. 4, 1965

TO MR. PANAYOTIS CO. LAMBROPOULOS:

BY LETTER OF MAY 31, 1965, REFERRED TO THIS OFFICE BY THE UNITED STATES DEPARTMENT OF STATE ON JULY 16, 1965, YOU CLAIM THAT THE UNITED STATES IS INDEBTED TO YOU IN THE AMOUNT OF $9,600. THE BASIS FOR YOUR CLAIM MAY BE SUMMARIZED AS FOLLOWS:

IN 1960, THE TOWN OF CHALANDRI DECIDED TO PROVIDE A ROAD BETWEEN YOUR PROPERTY AND PROPERTY OF THE UNITED STATES WHICH PROPERTIES AT THAT TIME WERE ADJACENT. SOME 955 SQUARE METERS OF LAND WERE REQUIRED FOR THE ROAD OF WHICH 60 SQUARE METERS WERE TO BE PROVIDED FROM LAND OWNED BY THE UNITED STATES AND 895 SQUARE METERS FROM LAND WHICH YOU OWNED. AS WE UNDERSTAND GREEK LAW IN THE MATTER, THERE IS IMPOSED ON NEIGHBORING PROPRIETORS WHO BENEFIT FROM THE OPENING OF A NEW ROAD AN OBLIGATION TO PARTIALLY INDEMNIFY THOSE PROPRIETORS WHOSE LAND HAS BEEN EXPROPRIATED FOR THE ROAD. BY ACT OF SEPTEMBER 22, 1960, REGISTER 50302/4937 OF ACT 266, THE TOWN PLANNING OFFICE OF ATHENS AND SUBURBS PROVIDED AMONG OTHER THINGS CONCERNING OPENING OF THE ROAD IN QUESTION THAT THE AMERICAN EMBASSY MUST MAKE COMPENSATION TO YOU WITH RESPECT TO 413.5 SQUARE METERS OF THE 895 SQUARE METERS OF YOUR PROPERTY TAKEN FOR THE ROAD.

IN MARCH OF 1961, PURSUANT TO THE ABOVE, YOU PRESENTED A CLAIM FOR $6,000 AS THE THEN CURRENT VALUE OF THE PROPERTY INVOLVED, TO THE AMERICAN EMBASSY IN ATHENS. DUE TO THE LAPSE OF TIME DURING WHICH THE EMBASSY HAS REFUSED TO MAKE PAYMENT OF YOUR CLAIM AND DURING WHICH THE LAND VALUE IN QUESTION ALLEGEDLY HAS INCREASED, YOU HAVE RAISED YOUR ORIGINAL CLAIM TO $9,600.

WE DO NOT QUESTION YOUR RIGHT TO ADEQUATE COMPENSATION WITH RESPECT TO PROPERTY OF YOURS EXPROPRIATED AND DEDICATED TO PUBLIC USE. BUT YOUR PROPERTY WAS TAKEN BY A POLITICAL SUBDIVISION OF THE GREEK STATE, AND SUCH TAKING WAS NOT IN ANY WAY CONNECTED WITH SERVICES OR IMPROVEMENTS REQUESTED BY OR IN WHICH THE GOVERNMENT OF THE UNITED STATES WAS INTERESTED. WHILE IT MAY BE TRUE THAT UNDER GREEK LAW THE NEIGHBORING PROPRIETOR IS REQUIRED TO MAKE PAYMENTS OF INDEMNIFICATION IN CIRCUMSTANCES SUCH AS ARE HERE INVOLVED, WE KNOW OF NO RULE OF LAW OR OF NATIONS WHEREUNDER THE GREEK GOVERNMENT CAN IMPOSE UPON THE GOVERNMENT OF ANOTHER SOVEREIGN STATE AN OBLIGATION WITH RESPECT TO THE PAYMENT OF INDEMNIFICATION TO PRIVATE LANDOWNERS ON ACCOUNT OF PROPERTY TAKEN FROM THEM BY GREEK POLITICAL ENTITIES FOR PUBLIC PURPOSES.

ANY CLAIM YOU MIGHT HAVE WOULD APPEAR MORE APPROPRIATE FOR ASSERTION AGAINST THE PROPER GREEK AUTHORITIES. ACCORDINGLY, WE REGRET TO ADVISE THAT THERE IS NO BASIS UPON WHICH THIS OFFICE WOULD BE AUTHORIZED TO HONOR YOUR CLAIM AND THAT IT, THEREFORE, MUST BE DENIED.