B-126962, JUL. 8, 1960

B-126962: Jul 8, 1960

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YOU WERE ADVISED IN OUR LETTER OF MAY 17. THIS CONCLUSION IS BASED UPON THE ASSUMPTION THAT THE OCCUPANCY OF THE AIR SPACE OVER YOUR LAND EXTENDED OVER A THREE YEAR PERIOD. THAT THE AIR SPACE OVER YOUR LAND WAS USED DURING THE PERIOD FROM NOVEMBER 1. WAS COMPUTED ON THE BASIS OF A TOTAL RENTAL VALUE OF $8 PER MONTH AS ADMINISTRATIVELY RECOMMENDED. OUR OFFICE WOULD NOT HAVE BEEN JUSTIFIED IN AUTHORIZING ALLOWANCE OF ANY AMOUNT IN EXCESS OF $136. IT IS SETTLED THAT THE UNITED STATES IS NOT LIABLE FOR INTEREST ON ITS OBLIGATIONS. EXCEPT WHERE INTEREST IS STIPULATED FOR IN LEGAL AND PROPER CONTRACTS. OR WHERE THE ALLOWANCE OF INTEREST IS SPECIFICALLY DIRECTED BY STATUTE. YOU ARE AGAIN ADVISED THAT ANY FURTHER COMMUNICATION FROM YOU IN THE MATTER.

B-126962, JUL. 8, 1960

TO MR. EGBERT CARLSSON:

YOUR LETTER OF JUNE 1, 1960, WITH ENCLOSURE, TO THE PRESIDENT OF THE UNITED STATES, HAS BEEN REFERRED TO OUR OFFICE FOR REPLY.

YOU WERE ADVISED IN OUR LETTER OF MAY 17, 1960, THAT FURTHER COMMUNICATIONS FROM YOU WOULD BE FILED WITHOUT REPLY. WE FEEL COMPELLED, HOWEVER, TO CALL YOUR ATTENTION TO AN ERRONEOUS CONCLUSION IN YOUR LETTER OF JUNE 1, 1960, TO OUR OFFICE THAT YOU WOULD BE ENTITLED TO $288 ON THE BASIS OF THE STATEMENT IN OUR LETTER OF MAY 17, 1960, TO THE EFFECT THAT IT HAD BEEN ESTIMATED THAT THE LAND HAD A TOTAL RENTAL VALUE OF $8 PER MONTH. THIS CONCLUSION IS BASED UPON THE ASSUMPTION THAT THE OCCUPANCY OF THE AIR SPACE OVER YOUR LAND EXTENDED OVER A THREE YEAR PERIOD, NAMELY 1943, 1944, AND 1945, OR 36 MONTHS. THE FACTS AS ADMINISTRATIVELY REPORTED SHOW, HOWEVER, THAT THE AIR SPACE OVER YOUR LAND WAS USED DURING THE PERIOD FROM NOVEMBER 1, 1943, THROUGH MARCH 31, 1945, ONLY, OR A PERIOD OF 17 MONTHS INSTEAD OF THE 36 MONTHS AS STATED BY YOU. SINCE THE AMOUNT ALLOWED, NAMELY $136, WAS COMPUTED ON THE BASIS OF A TOTAL RENTAL VALUE OF $8 PER MONTH AS ADMINISTRATIVELY RECOMMENDED, OUR OFFICE WOULD NOT HAVE BEEN JUSTIFIED IN AUTHORIZING ALLOWANCE OF ANY AMOUNT IN EXCESS OF $136, THE AMOUNT ALLOWED IN THE SETTLEMENT OF OCTOBER 16, 1956.

AS TO THE MATTER OF INTEREST, IT IS SETTLED THAT THE UNITED STATES IS NOT LIABLE FOR INTEREST ON ITS OBLIGATIONS, EXCEPT WHERE INTEREST IS STIPULATED FOR IN LEGAL AND PROPER CONTRACTS, OR WHERE THE ALLOWANCE OF INTEREST IS SPECIFICALLY DIRECTED BY STATUTE, ANGARICA V. BAYARD, 127 U.S. 251. SEABOARD AIRLINE RAILWAY COMPANY V. UNITED STATES, 261 U.S. 299. PRIVATE LAW 837, 84TH CONGRESS, WHICH AUTHORIZED THE CONSIDERATION OF YOUR CLAIM BY OUR OFFICE, DID NOT AUTHORIZE THE PAYMENT OF INTEREST, AND NO OTHER STATUTORY AUTHORITY EXISTS FOR PAYMENT OF INTEREST ON YOUR CLAIM.

YOU ARE AGAIN ADVISED THAT ANY FURTHER COMMUNICATION FROM YOU IN THE MATTER, EXCEPT AN OFFER TO ACCEPT THE AMOUNT PREVIOUSLY TENDERED, WILL BE FILED WITHOUT REPLY.

Oct 29, 2020

Oct 28, 2020

Oct 27, 2020

  • Silver Investments, Inc.
    We dismiss the protest as untimely because it was filed more than 10 days after the protester knew, or should have known, the basis for its protest.
    B-419028

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