The Northwest times. [volume] (Seattle, Wash.) 1947-1955, 1949-01-15
Additional Claims Queries, Replies

of a series Of questions ana an
swers on the evacuation claims
law prepared by Edward J. En-
mis-, JACI. MISREPRESENTATION
Committee special counsel, ana
released BY the Washington Of
flee Of the JACL Ado as a pub
tic service. This series Is based
on actual questions asked Of this
office.
,Any reader who mas general
questions relating to the law IT,
self or 10 procedural matters n
inviies 20 address . letter with .
Sta ped, self-addressed return
tnYeiope TO the Washington Of
Fee. JACL Observation-Disclosures
Committee. Evacuation Claims
Section. 800 Fifth Street North
EAST, Washington I'D. C. Ques-
tiors of general interest may be
produced In this series without
personal Identification.
mo questions involving the ie-
galitv or value Of specific claims
can be answered.)
l. @. I made a settlement and
signed a waiver Of further claims
Can recover from the govern
ment for the amount of loss sus-
tanned In the settlement as a re-
suit Of exclusion from my nur-
sery?
A. You may claim the differenc
between the fair value of your nur
sery and the amount for whicl
you settled If you we're require
to settle for the lesser amount be
cause of the depressed prices du
to the evacuation.
2. @. I entered into nine
year lease on unimproved agri-
cultural land. Do I have q claim
for improvement expenses such
as fertilizer, eradication of undes-
irable weeds like nut grass, ber-
mrda grass, levcling, and install
ing irrigation pipes at own cost;
When evacuation came I was In
the second year Of this program
It would have required severa
additional years before the liant
could have been brought into full
productive use. Consequently
when I lost the lease the eiitir
value Of my labor and the cos
Of materials was also lost.
A. You lost the reasonable vail
of the remaining years of the leas
In calculating the value of tn
lease you should include the co
of improvements because they &C
ually did go to make up the vail
of the lease. In this manner "
should be reimbursed for the &C
of these improvements as part
the value of the lease which "
lost.
3. @. In several instances, lease
were in effect for several year
subsequent to the evacuation.
the evacuation had not transpires
Il Is probable that these farmci
would have had their leases re
newed at the expiration Of the
present lease. The evacuation
however, nullified these renewa
or deprived the benefit undo
these leases in most instance
Therefore, Is the basis of evalus
ton to he determined as Of ii
date of the evacuation excludir
the value of the remaining III
of the lease or should the lea
as whole be taken into accOul
in determining losses incurred
the time of evacuation?
A. The valuation of lease at
time 1t was terminated upon eva,
alton certainly must be based
part upon the remaining life of
lease. Obviously a ten year lie
on a profitable farm Is worth m
than a one year lease. If the lie
has a renewal clause. that 6
has a value which could be estir
ted. If the lease has no rene
clause but 1t Is argued that
owner would probably give a sec'
similar lease at the expiration
the first lease, more diff
Question is presented and perh