B-148533, NOV. 2, 1962
Highlights
YOUR CLAIM WAS ORIGINALLY DISALLOWED BY OUR SETTLEMENT OF MARCH 6. THE MATTER WAS RECONSIDERED HERE AND AFTER AN EXHAUSTIVE REVIEW OF THE RECORD THE DISALLOWANCE WAS SUSTAINED BY OUR DECISION. WE WERE CONSTRAINED IN OUR DECISION OF AUGUST 28. YOU SAY THAT YOU HAVE FURNISHED US WITH ALL THE FACTS IN THE MATTER WHICH YOU FEEL ARE SUFFICIENT TO SUPPORT YOUR CLAIM. THE INFORMATION WHICH YOU HAVE FURNISHED CONSISTS PRINCIPALLY OF THE ALLEGATIONS CONTAINED IN YOUR CORRESPONDENCE SUBMITTED TO THIS OFFICE AND THE SIGNED STATEMENTS OF SEVERAL OF YOUR NEIGHBORS WHICH YOU CALL AFFIDAVITS. YOU ALSO REQUEST THAT WE CHECK THE RAINFALL IN THE AREA FOR THE PERIOD INVOLVED IN ORDER TO SUPPORT YOUR CONTENTION THAT THE FLOODING OF YOUR LAND WAS NOT DUE TO NATURAL CAUSES.
B-148533, NOV. 2, 1962
TO MR. J. R. MCMILLAN:
YOUR LETTER OF OCTOBER 15, 1962, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR DAMAGES IN THE AMOUNT OF $1,200, ALLEGEDLY RESULTING FROM A DIMINUTION IN THE VALUE OF YOUR PROPERTY BECAUSE OF THE BACKING UP AND SEEPAGE OF WATER FROM THE JIM WOODRUFF LOCK AND DAM AT CHATTAHOOCHEE, FLORIDA.
YOUR CLAIM WAS ORIGINALLY DISALLOWED BY OUR SETTLEMENT OF MARCH 6, 1962. SUBSEQUENTLY, PURSUANT TO YOUR REQUEST, THE MATTER WAS RECONSIDERED HERE AND AFTER AN EXHAUSTIVE REVIEW OF THE RECORD THE DISALLOWANCE WAS SUSTAINED BY OUR DECISION, B-148533 OF MAY 3, 1962. BY LETTER OF JULY 30, 1962, YOU REQUESTED FURTHER CONSIDERATION; HOWEVER, SINCE YOU SUBMITTED NOTHING OF EVIDENTIARY VALUE, WE WERE CONSTRAINED IN OUR DECISION OF AUGUST 28, 1962, TO AGAIN SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.
YOU SAY THAT YOU HAVE FURNISHED US WITH ALL THE FACTS IN THE MATTER WHICH YOU FEEL ARE SUFFICIENT TO SUPPORT YOUR CLAIM. THE INFORMATION WHICH YOU HAVE FURNISHED CONSISTS PRINCIPALLY OF THE ALLEGATIONS CONTAINED IN YOUR CORRESPONDENCE SUBMITTED TO THIS OFFICE AND THE SIGNED STATEMENTS OF SEVERAL OF YOUR NEIGHBORS WHICH YOU CALL AFFIDAVITS. YOU ALSO REQUEST THAT WE CHECK THE RAINFALL IN THE AREA FOR THE PERIOD INVOLVED IN ORDER TO SUPPORT YOUR CONTENTION THAT THE FLOODING OF YOUR LAND WAS NOT DUE TO NATURAL CAUSES. IT IS NOT THE FUNCTION OF THE GENERAL ACCOUNTING OFFICE TO CONDUCT SURVEYS OF THE NATURE REQUESTED. OUR OFFICE IS AN AGENCY OF THE GOVERNMENT WHOSE CLAIM SETTLEMENT JURISDICTION CANNOT BE EXTENDED TO PERFECT OR DEVELOP CLAIMS AGAINST THE UNITED STATES. THE DUTY TO ESTABLISH A VALID CLAIM IS THAT OF THE CLAIMANT, AND EVIDENCE NECESSARY TO SUPPORT HIS ALLEGATIONS MUST BE FURNISHED BY HIM.
FURTHERMORE, THE DEPARTMENT OF THE ARMY HAS SUBMITTED DETAILED REPORTS BASED UPON SCIENTIFIC ANALYSIS OF THE WEATHER CONDITIONS EXISTING IN THE AREA IN WHICH YOUR PROPERTY IS LOCATED. THESE STUDIES TEND TO SHOW THAT THE DAMAGES OF WHICH YOU COMPLAIN WERE NOT CAUSED BY THE IMPOUNDMENT OF RESERVOIR WATERS BY THE CORPS OF ENGINEERS BUT APPARENTLY RESULTED FROM OVERABUNDANT RAINFALL.
YOU HAVE SUBMITTED NOTHING WHICH WOULD REFUTE THE EVIDENCE FORWARDED HERE BY THE DEPARTMENT OF THE ARMY. THE "AFFIDAVITS" TO WHICH YOU REFER ARE IN FACT MERE SIGNED STATEMENTS BY PERSONS LIVING WITHIN THE AREA AND CANNOT BE ACCEPTED AS OVERCOMING THE PRESUMPTION OF THE CORRECTNESS OF THE REPORT SUBMITTED HERE BY THE DEPARTMENT OF THE ARMY. THESE STATEMENTS ARE PART OF THE WRITTEN RECORD WHICH WAS CONSIDERED BY OUR OFFICE IN DETERMINING THE MATTER AND CANNOT BE RETURNED TO YOU.
FURTHER CORRESPONDENCE IN THE MATTER WOULD APPEAR TO SERVE NO USEFUL PURPOSE AND WILL BE FILED WITHOUT REPLY.