B-126962, DEC. 7, 1956

B-126962: Dec 7, 1956

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EGBERT CARLSSON: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 24. COPIES FORWARDED BY YOU TO THE PRESIDENT AND TO SENATOR FRANK CARLSON HAVE ALSO BEEN REFERRED TO US FOR REPLY. WHICH WAS THERETOFORE BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. THE VOUCHER WAS SUBMITTED TO OUR OFFICE "APPROVED FOR WHATEVER SUM THE GENERAL ACCOUNTING OFFICE DETERMINES TO BE IN ORDER.'. THE RECORD SHOWS THAT THE LAND IN QUESTION IS AN 80 ACRE TRACT WHICH WAS SUITABLE AND HAD BEEN USED ONLY FOR GRAZING. THE PARCEL WAS THIRD CLASS GRAZING LAND HAVING A FAIR MARKET VALUE OF $2.50 PER ACRE. THE AIR SPACE OVER THE LAND WAS USED FROM NOVEMBER 1. NO DAMAGE WAS DONE TO THE LAND. THE FAIR RENTAL VALUE FOR THE 17 MONTHS IS $136.

B-126962, DEC. 7, 1956

TO MR. EGBERT CARLSSON:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 24, 1956, WHEREIN YOU EXPRESS DISSATISFACTION WITH THE $136 SETTLEMENT OF YOUR $1,600 CLAIM FOR RENT FOR THE GOVERNMENT'S USE OF YOUR LANDS IN KLAMATH FALLS, OREGON, AS PART OF A NAVAL AERIAL GUNNERY RANGE FROM NOVEMBER 1, 1943, THROUGH MARCH 31, 1945. COPIES FORWARDED BY YOU TO THE PRESIDENT AND TO SENATOR FRANK CARLSON HAVE ALSO BEEN REFERRED TO US FOR REPLY.

PRIVATE LAW 837, 84TH CONGRESS,"AN ACT FOR THE RELIEF OF EGBERT CARLSSON," AUTHORIZED THE CONSIDERATION OF YOUR CLAIM, WHICH WAS THERETOFORE BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71/A). THE 1940 ACT PROHIBITS CONSIDERATION OF CLAIMS UNLESS RECEIVED IN OUR OFFICE WITHIN TEN YEARS AFTER THEIR ACCRUAL. ON OCTOBER 16, 1956, OUR CLAIMS DIVISION SETTLED YOUR CLAIM FOR $136, PURSUANT TO THE RECOMMENDATION OF THE DEPARTMENT OF THE NAVY.

ORIGINALLY, YOU CLAIMED $2,000 PLUS $694.53 FOR INTEREST AND ATTORNEY'S FEES, BUT SUBSEQUENTLY YOU REDUCED THE AMOUNT TO $1,600. IN ACCORDANCE WITH PROPER PROCEDURE, THE NAVY AUTHORITIES PREPARED A VOUCHER IN THAT AMOUNT FOR YOUR SIGNATURE. THE REPORT AND FILE FORWARDED HERE BY THE DEPARTMENT OF THE NAVY CONTAIN NO REFERENCE TO ANY AGREEMENT TO PAY YOU $1,600, AND PREPARATION OF THE VOUCHER DID NOT CONSTITUTE AN AGREEMENT OR PROMISE TO PAY YOU THAT AMOUNT. THE VOUCHER WAS SUBMITTED TO OUR OFFICE "APPROVED FOR WHATEVER SUM THE GENERAL ACCOUNTING OFFICE DETERMINES TO BE IN ORDER.' THE ADMINISTRATIVE RECOMMENDATION OF THE DEPARTMENT OF THE NAVY, FORWARDED TO OUR OFFICE WITH THE VOUCHER, RECOMMENDED ALLOWANCE OF YOUR CLAIM IN THE AMOUNT OF ONLY $136.

THE RECORD SHOWS THAT THE LAND IN QUESTION IS AN 80 ACRE TRACT WHICH WAS SUITABLE AND HAD BEEN USED ONLY FOR GRAZING, PRODUCING A RETURN OF LITTLE MORE THAN ENOUGH TO PAY LAND TAXES. ACCORDING TO A REPORT FROM THE LAKE COUNTY ASSESSOR, LAKEVIEW, OREGON, DURING THE YEARS 1943, 1944 AND 1945, THE PARCEL WAS THIRD CLASS GRAZING LAND HAVING A FAIR MARKET VALUE OF $2.50 PER ACRE, OR OVERALL VALUE OF $200. THE COUNTY EXTENSION AGENT, COOPERATIVE EXTENSION WORK IN AGRICULTURE AND HOME ECONOMICS, LAKEVIEW, OREGON, ESTIMATED THE RENTAL VALUE OF THE LAND DURING THOSE YEARS AT ?10 PER ACRE PER MONTH, OR A TOTAL VALUE OF $8 PER MONTH FOR THE ENTIRE 80 ACRE TRACT. THE AIR SPACE OVER THE LAND WAS USED FROM NOVEMBER 1, 1943 THROUGH MARCH 31, 1945, A PERIOD OF 17 MONTHS, AND NO DAMAGE WAS DONE TO THE LAND. ACCORDINGLY, ON THE BASIS OF THE EVIDENCE BEFORE US, THE FAIR RENTAL VALUE FOR THE 17 MONTHS IS $136. YOU HAVE SUBMITTED NO EVIDENCE AT ALL TO ESTABLISH THE VALUE OF THE LAND, OR OF ITS USE, OR TO SHOW ANY DAMAGE TO THE LAND.

IN THE CIRCUMSTANCES, IT APPEARS THAT THERE IS NO BASIS FOR PAYMENT OF ANY AMOUNT IN EXCESS OF THE FAIR RENTAL VALUE AS ESTABLISHED BY THE EVIDENCE AND RECOMMENDED BY THE NAVY. ACCORDINGLY, THE CLAIMS DIVISION ACTION OF OCTOBER 16, 1956, IS SUSTAINED.

THE VOUCHER AND THE CHECK FOR $136 WHICH YOU RETURNED WITH YOUR LETTER OF NOVEMBER 24, 1956, ARE ENCLOSED.

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