B-159659, JUL. 19, 1966

B-159659: Jul 19, 1966

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HAS BEEN FORWARDED TO THIS OFFICE AND IS CONSIDERED AN APPEAL FROM THE SETTLEMENT OF $524. IT DOES NOT APPEAR THAT YOU HAVE OFFERED EVIDENCE TO SUPPORT YOUR CLAIM UNDER THE AGREEMENTS. A QUALIFIED APPRAISER FOUND THAT DAMAGES WERE INCURRED IN THE OCCUPATION OF 2.95 ACRES. THE APPRAISAL TAKING INTO CONSIDERATION THE VALUE OF HAY WHICH COULD HAVE BEEN PRODUCED ON THE 2.95 ACRES. RESTORATION OF LAND WAS APPRAISED AT $249 AND INCLUDED COST FOR SOIL PREPARATION. AN ALLOWANCE OF $13 IS REPORTED FOR INSTALLATION OF POSTS AND WIRE TO REPAIR GAPS IN A LIVING FENCE OF MULTIFLORA ROSE WHICH WAS DAMAGED AND PREVIOUSLY COMPENSATED FOR IN THE AMOUNT OF $15 UNDER SUPPLEMENTARY AGREEMENT OF OCTOBER 20.

B-159659, JUL. 19, 1966

TO MR. FRED SWAIN:

YOUR LETTER OF MAY 10, 1966, TO THE CORPS OF ENGINEERS, KANSAS CITY DISTRICT, HAS BEEN FORWARDED TO THIS OFFICE AND IS CONSIDERED AN APPEAL FROM THE SETTLEMENT OF $524, CERTIFIED FOR PAYMENT APRIL 21, 1966, ON YOUR INITIAL CLAIM OF $3,000 AND FINAL OFFER OF $2,000 FOR DAMAGE BY A GOVERNMENT CONTRACTOR'S USE OF YOUR LAND. YOU DID NOT ACCEPT A CHECK OF $524 OFFERED IN PAYMENT.

RIGHT-OF-ENTRY AGREEMENTS EXECUTED MAY 12, 1961, AND APRIL 17, 1963, PROVIDED FOR REASONABLE RESTORATION OF THE TEMPORARY WORK AREA OCCUPIED BY THE CONTRACTOR AND DAMAGES RESULTING FROM USE. IT DOES NOT APPEAR THAT YOU HAVE OFFERED EVIDENCE TO SUPPORT YOUR CLAIM UNDER THE AGREEMENTS. THE CORPS OF ENGINEERS HAS REPORTED IN CONSIDERABLE DETAIL THE FINDINGS OF THEIR CLAIM INVESTIGATION AND AN APPRAISED VALUATION OF THE VARIOUS ITEMS OF DAMAGE.

A QUALIFIED APPRAISER FOUND THAT DAMAGES WERE INCURRED IN THE OCCUPATION OF 2.95 ACRES. ESTIMATED LOSS OF LAND USE DURING 1962, 1963, AND 1964, BASED ON YOUR STATEMENTS OF PRODUCTION ON THE SURROUNDING ACREAGE, AMOUNTED TO $262, THE APPRAISAL TAKING INTO CONSIDERATION THE VALUE OF HAY WHICH COULD HAVE BEEN PRODUCED ON THE 2.95 ACRES, LESS COST OF PRODUCTION, AND LOSS OF PASTURE. RESTORATION OF LAND WAS APPRAISED AT $249 AND INCLUDED COST FOR SOIL PREPARATION, FERTILIZATION, SEEDING, AND CLEAN UP OF ROCK AND TRASH. AN ALLOWANCE OF $13 IS REPORTED FOR INSTALLATION OF POSTS AND WIRE TO REPAIR GAPS IN A LIVING FENCE OF MULTIFLORA ROSE WHICH WAS DAMAGED AND PREVIOUSLY COMPENSATED FOR IN THE AMOUNT OF $15 UNDER SUPPLEMENTARY AGREEMENT OF OCTOBER 20, 1961. PHOTOGRAPHS IN YOUR CLAIM RECORD DO NOT INDICATE DAMAGES WERE OTHERWISE THAN REPORTED.

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--- ACCEPT THE FACTS AS ADMINISTRATIVELY REPORTED AS ACCURATE.

A COMPLETE REVIEW OF THE ENTIRE RECORD HAS BEEN MADE AND WE FIND NO REASON TO INCREASE THE $524 SETTLEMENT OFFER. THEREFORE, ON APPEAL, YOUR CLAIM FOR AN ADDITIONAL AMOUNT IS DENIED. A COPY OF THIS DECISION WILL BE FURNISHED TO THE CORPS OF ENGINEERS.