Page 81 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 277d–21

amounts as are provided in advance in appropriation Acts.

(Pub. L. 88–300, §2, Apr. 29, 1964, 78 Stat. 184; Pub.

L. 103–236, title IV, §423(a), Apr. 30, 1994, 108 Stat.

457.)

AMENDMENTS

1994—Pub. L. 103–236 designated existing provisions as

subsec. (a) and added subsecs. (b) and (c).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 277d–17, 277d–22,

277d–24, 277d–25 of this title.

§ 277d–19. Compensation of owners and tenants

to prevent economic injury; regulations

The United States Commissioner, under regulations approved by the Secretary of State, and

upon application of the owners and tenants of

lands to be acquired by the United States to fulfill and accomplish the purposes of said convention, and to the extent administratively determined by the Commissioner to be fair and reasonable, is authorized to—

a. Reimburse the owners and tenants for expenses and other losses and damages incurred

by them in the process and as a direct result

of such moving of themselves, their families,

and their possessions as is occasioned by said

acquisition: Provided, That the total of such

reimbursement to the owners and tenants of

any parcel of land shall in no event exceed 25

per centum of its fair value, as determined by

the Commissioner. No payment under this subsection shall be made unless application therefor is supported by an itemized and certified

statement of the expenses, losses, and damages incurred.

b. Compensate the said owners and tenants

for identifiable, reasonable, and satisfactorily

proved costs and losses to owners and tenants

over and above those reimbursed under the

foregoing subsection in the categories hereinafter provided, and for which purpose there

shall be established by the Commissioner a

board of examiners, consisting of such personnel employed and compensation fixed as he

deems advisable, without regard to the provisions of the civil service laws and chapter 51

and subchapter III of chapter 53 of title 5. Said

board may hold hearings and shall examine

submitted evidence and make determinations,

subject to the Commissioner’s approval, regarding all claims in said categories as follows:

(1) For properties—

(a) For nonconforming abodes and minimum forms of shelter for which there are no

comparable properties on the market in the

city of El Paso and concerning which fair

market value would be inadequate to find

minimum housing of equal utility, compensation to the owner up to an amount

which when added to the market value allowed for his property, including land values, would enable purchase of minimum habitable housing of similar utility in another

residential section of said city.

(b) For commercial properties for which

there are no comparable properties on the

market in or near El Paso, Texas, compensation to the owner up to an amount which,

when added to the total fair market value,

including the land value, would compensate

the owner for the ‘‘value in use’’ of the real

estate to him. Such ‘‘value in use’’ is to be

determined on the basis of replacement cost

less deterioration and obsolescence in existing real estate and taking into consideration

factors bearing upon income attributable to

the real estate.

(2) For loss in business:

(a) Loss of profits directly resulting from

relocation, limited to the period between

termination of business in the old location

and commencement of business in the new,

such period not to exceed thirty days.

(b) Loss to owner resulting from inability

to rent to others housing or commercial

space that can be reasonably related to uncertainties arising out of the pending acquisition of the owner’s property by the United

States, such losses limited to those incurred

after July 18, 1963, and prior to the making

by the United States of a firm offer to purchase.

(3) For penalty costs to property owners for

prepayment of mortgages incident to acquisition of the properties by the United States.

(Pub. L. 88–300, §3, Apr. 29, 1964, 78 Stat. 184.)

REFERENCES IN TEXT

The civil service laws, referred to in par. b., are set

forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.

CODIFICATION

In par. b., ‘‘chapter 51 and subchapter III of chapter

53 of title 5’’ substituted for ‘‘the Classification Act of

1949, as amended’’ on authority of Pub. L. 89–554, §7(b),

Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 277d–17, 277d–18,

277d–20, 277d–21, 277d–22, 277d–23, 277d–24, 277d–25 of this

title.

§ 277d–20. Limitation on application for reimbursement or compensation

Application for reimbursement or compensation under section 277d–19 of this title shall be

submitted to the Commissioner within either

one year from the date of acquisition or the date

of vacating the premises by the applicant,

whichever date is later. Applications not submitted within said period shall be forever

barred.

(Pub. L. 88–300, §4, Apr. 29, 1964, 78 Stat. 185.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 277d–17, 277d–18,

277d–22, 277d–24, 277d–25 of this title.

§ 277d–21. Attorneys’ fees; penalties

The Commissioner, in rendering an award in

favor of any claimant under section 277d–19 of

this title, may, as part of such award, determine

and allow reasonable attorneys’ fees which shall

not exceed 10 per centum of the amount award-