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B-148533, MAY 3, 1962

B-148533 May 03, 1962
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YOUR CLAIM IS BASED UPON THE INUNDATION OF EIGHT ACRES OF LAND WHICH YOU CONTEND HAD BEEN PREVIOUSLY USED BY YOU FOR FARMING. BECAUSE OF THE FLOOD CONDITIONS IS NOW UNSUITABLE FOR SUCH PURPOSES. YOU SAY THAT THERE IS MORE WATER ON YOUR LAND NOW THAN FORMERLY. WHICH WERE EXECUTED BY PERSONS LIVING WITHIN THE AREA. WHILE THOSE AFFIDAVITS TEND TO ESTABLISH THE FACT THAT THE LAND IS INUNDATED. THE MERE FACT THAT THE LAND IS NOW LESS DESIRABLE FOR FARMING PURPOSES DOES NOT IN ITSELF RENDER THE GOVERNMENT LIABLE FOR SUCH CONDITIONS. YOU WERE ADVISED IN OUR SETTLEMENT OF MARCH 6 OF THE RESULTS OF THOSE STUDIES. WHICH WERE BASED ON SCIENTIFIC DATA. TO THE EFFECT THAT THE DAMAGES COMPLAINED OF WERE NOT CAUSED BY THE IMPOUNDMENT OF RESERVOIR WATERS BUT RESULTED FROM OVERABUNDANT RAINFALL.

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B-148533, MAY 3, 1962

TO MR. J. R. MCMILLEN:

YOUR LETTER OF MARCH 13, 1962, REQUESTS REVIEW OF OUR SETTLEMENT OF MARCH 6, 1962, WHICH DISALLOWED YOUR CLAIM FOR DAMAGE 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 IS BASED UPON THE INUNDATION OF EIGHT ACRES OF LAND WHICH YOU CONTEND HAD BEEN PREVIOUSLY USED BY YOU FOR FARMING, BUT BECAUSE OF THE FLOOD CONDITIONS IS NOW UNSUITABLE FOR SUCH PURPOSES.

YOU SAY THAT THERE IS MORE WATER ON YOUR LAND NOW THAN FORMERLY, AND YOU CONTEND THAT THIS CONDITION RESULTS SOLELY FROM THE SEEPAGE AND BACKING UP COMPLAINED OF. YOU ALSO CONTEND THAT THE AFFIDAVITS SUBMITTED BY YOU, WHICH WERE EXECUTED BY PERSONS LIVING WITHIN THE AREA, SUBSTANTIATE YOUR ALLEGATION. WHILE THOSE AFFIDAVITS TEND TO ESTABLISH THE FACT THAT THE LAND IS INUNDATED, THEY FURNISH NO EVIDENCE AS TO THE CAUSE OF THE INUNDATION.

THE MERE FACT THAT THE LAND IS NOW LESS DESIRABLE FOR FARMING PURPOSES DOES NOT IN ITSELF RENDER THE GOVERNMENT LIABLE FOR SUCH CONDITIONS. YOUR ALLEGATIONS THAT THESE CONDITIONS RESULT FROM THE OPERATION, BY THE GOVERNMENT, OF THE JIM WOODRUFF LOCK AND DAM MUST BE PROVEN BY CONCRETE EVIDENCE.

IN THIS CONNECTION, THE CORPS OF ENGINEERS, UNITED STATES ARMY, HAS MADE DETAILED STUDIES ON LANDS THROUGHOUT THE GENERAL AREA TO DETERMINE THE CAUSE OF FLOODINGS WHICH HAD OCCURRED. YOU WERE ADVISED IN OUR SETTLEMENT OF MARCH 6 OF THE RESULTS OF THOSE STUDIES, WHICH WERE BASED ON SCIENTIFIC DATA, TO THE EFFECT THAT THE DAMAGES COMPLAINED OF WERE NOT CAUSED BY THE IMPOUNDMENT OF RESERVOIR WATERS BUT RESULTED FROM OVERABUNDANT RAINFALL.

IN VIEW OF THE ABOVE, IT WOULD SEEM THAT THERE IS A SUBSTANTIAL BASIS FOR CONCLUDING THAT THE FLOODING COMPLAINED OF DID NOT RESULT FROM ANY ACTION ON THE PART OF THE GOVERNMENT, AND THAT NO DAMAGES ARE LEGALLY OR EQUITABLY DUE FROM THE UNITED STATES, IN ANY EVENT, HOWEVER, AND AS STATED IN THE SETTLEMENT OF MARCH 6, 1962, IT IS IMPRACTICABLE FOR THE ACCOUNTING OFFICERS TO DETERMINE WITH ACCURACY THE TRUE MERITS OF DAMAGE CLAIMS OF THIS NATURE AND THE FACTS AS REPORTED BY THE ADMINISTRATIVE AGENCY CONCERNED--- IN THIS CASE, THE CORPS OF ENGINEERS--- MUST BE ACCEPTED BY US AS CONTROLLING, THEREBY LEAVING THE CLAIMANT TO SEEK HIS REMEDY IN THE COURTS. WE HAVE NO ALTERNATIVE BUT TO DISALLOW YOUR CLAIM.

THEREFORE, OUR SETTLEMENT OF MARCH 6, 1962, WHICH DISALLOWED YOUR CLAIM, IS SUSTAINED.

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