B-159617, JUL. 21, 1966

B-159617: Jul 21, 1966

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WE HAVE CONSIDERED YOUR LETTERS OF JUNE 25 AND OCTOBER 14. WAS NOT ACCEPTED. 200.00 $300.00 THE AMOUNTS WERE BASED ON A REPORT OF THE UNITED STATES ARMY ENGINEERS. THE ITEM-3 REDUCED ALLOWANCE OF $30 WAS AN ESTIMATE OF THE CORPS OF ENGINEERS APPRAISER FOR 15 HOURS OF LABOR AT $2 PER HOUR. HUNT ALLEGED WAS REQUIRED TO ROUND UP AND ACCOUNT FOR CATTLE THAT STRAYED BECAUSE OF THE CONTRACTOR'S FENCE DAMAGE. THE ITEM-5 TOTAL DISALLOWANCE FOR LOSS OF DIRT PUSHED ONTO A NEIGHBOR'S PROPERTY WAS REPORTED BECAUSE DAMAGE WAS NOT SUBSTANTIATED. THE ITEM 6 REDUCED ALLOWANCE OF $45 FOR GENERAL DAMAGE WAS REPORTED ADEQUATE TO RESTORE COMPACTION ON AN AREA OF THE RIGHT-OF-WAY 1 ROD BY 74 RODS WHERE GRASS WAS DESTROYED.

B-159617, JUL. 21, 1966

TO MR. ROBERT S. DRAKE, JR.:

PURSUANT TO THE POWER OF ATTORNEY SUBMITTED WITH YOUR LETTER OF JUNE 22, 1966, WE HAVE CONSIDERED YOUR LETTERS OF JUNE 25 AND OCTOBER 14, 1965, AS AN APPEAL FROM THE GENERAL ACCOUNTING OFFICE DISALLOWANCE OF $1,200 ON THE CLAIM OF KATIE HUNT AND J. W. HUNT, COLE CAMP, MISSOURI, FOR $1,500, ARISING FROM DAMAGE TO THEIR PROPERTY BY AN AIR FORCE CONTRACTOR'S LAYING OF A CABLE LINE. THE SETTLEMENT OF $300, CERTIFIED FOR PAYMENT MAY 13, 1965, WAS NOT ACCEPTED.

THERE FOLLOWS A TABULATION OF THE AMOUNTS CLAIMED AND THE AMOUNTS ALLOWED UNDER THE SETTLEMENT.

CHART

AMT AMT AMT ITEM CLAIMED NOT RECMD RECMD ---- ------- --------- ----- 1. HELICOPTER LANDING--- $ 15.00 $ OK $ 15.00

DAMAGE TO WHEAT2. TREE DAMAGE 20.00 OK 20.00 3. CATTLE OUT 40.00 10.00 30.00 4. GRADING 100.00 OK 100.00 5. LOSS OF DIRT 150.00 150.00 -0- 6. GENERAL DAMAGE 150.00 105.00 45.007. GATES AND FENCES

200.00 110.00 90.00 8. LOSS OF TOP SOIL 790.00 790.00

-0- 9. INSULTS--- TIME, ETC. 35.00 35.00 -0-

TOTAL $1,500.00 $1,200.00 $300.00

THE AMOUNTS WERE BASED ON A REPORT OF THE UNITED STATES ARMY ENGINEERS, WHICH SETS FORTH IN CONSIDERABLE DETAIL THE FINDINGS OF THEIR CLAIM INVESTIGATION AND THE APPRAISED VALUATION OF THE VARIOUS ITEMS OF DAMAGE. THE ITEM-3 REDUCED ALLOWANCE OF $30 WAS AN ESTIMATE OF THE CORPS OF ENGINEERS APPRAISER FOR 15 HOURS OF LABOR AT $2 PER HOUR, WHICH MR. HUNT ALLEGED WAS REQUIRED TO ROUND UP AND ACCOUNT FOR CATTLE THAT STRAYED BECAUSE OF THE CONTRACTOR'S FENCE DAMAGE. THE ITEM-5 TOTAL DISALLOWANCE FOR LOSS OF DIRT PUSHED ONTO A NEIGHBOR'S PROPERTY WAS REPORTED BECAUSE DAMAGE WAS NOT SUBSTANTIATED. THE ITEM 6 REDUCED ALLOWANCE OF $45 FOR GENERAL DAMAGE WAS REPORTED ADEQUATE TO RESTORE COMPACTION ON AN AREA OF THE RIGHT-OF-WAY 1 ROD BY 74 RODS WHERE GRASS WAS DESTROYED, THE REPORT STATING THAT A $64 LOSS OF PASTURE USE FOR AN ADDITIONAL YEAR WAS COVERED BY A SUPPLEMENTAL AGREEMENT OF MARCH 5, 1964, WHICH PROVIDED $36 FOR ORDINARY DAMAGE ON THE RIGHT-OF-WAY, INCLUDING $4 FOR LOSS OF PASTURE USE. THE ITEM-7 REDUCED ALLOWANCE OF $90 FOR RELOCATION OF 75 FEET OF FENCE REPRESENTS A REPORTED APPRAISED VALUE OF $80 FOR TIME AND LABOR OF ONE MAN AND ONE TRACTOR PLUS AN ADDITIONAL $10. THE ITEM-8 TOTAL DISALLOWANCE OF $790 FOR LOSS OF TOP SOIL USED IN CABLE COVERING AND PADDING WAS REPORTED BECAUSE THE SUPPLEMENTAL AGREEMENT COVERED SUCH PASTURE RESTORATION ON 148 SQUARE RODS AT $0.20 PER ROD FOR FERTILIZATION OF GROUND AND CURE OF ORDINARY DEFICIENCIES ON THE CABLE LINE. THE ITEM 9 TOTAL DISALLOWANCE FOR INSULTS AND TIME WAS REPORTED BECAUSE THERE WAS NO PROOF OF DAMAGE.

IN ORDER FOR YOU TO UNDERSTAND THE FUNCTION OF OUR OFFICE IN THIS MATTER IT SHOULD BE POINTED OUT THAT WE MUST RELY UPON THE WRITTEN RECORD SUBMITTED, AND, ABSENT CLEAR MISTAKE ON THE PART OF THE ADMINISTRATIVE OFFICE--- IN THIS CASE THE CORPS OF ENGINEERS, WE ACCEPT THE FACTS AS ADMINISTRATIVELY REPORTED AS ACCURATE.

A COMPLETE REVIEW OF THE ENTIRE RECORD HAS BEEN MADE, AND WE FIND NO REASON TO OFFER A SETTLEMENT FOR MORE THAN $300.