
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC277d-19]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
           CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
 
       SUBCHAPTER IV--INTERNATIONAL BOUNDARY AND WATER COMMISSION
 
Sec. 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, Sec. 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, Sec. 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.
