[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR211.23]

[Page 181]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 211--REAL ESTATE ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION WITH CIVIL WORKS PROJECTS--Table of Contents
 
Sec. 211.23  Procedure.

    Upon the receipt of any real estate claim it is submitted to a 
Claims Officer who investigates the matter and secures all evidence 
necessary for a full consideration of the claim and upon which a 
determination can be made as to the liability of the Government. For 
this purpose the Claims Officer is authorized and charged with the duty 
of securing sufficient evidence to establish with certainty the 
following general points:
    (a) The nature of the claim.
    (b) The interest of the claimant in the property and the interest 
that others may have in the property.
    (c) Date and circumstances under which occupation of premises 
occurred and date of vacation. If under a lease, the lease number and 
date of lease.
    (d) Inspection of the premises and determination of the amount of 
damages.
    (e) If claim is for rental without formal lease or agreement, data 
as to the market and rental value of the property.
    (f) Any other pertinent evidence the particular facts of the case 
require.

The above obligations of the Claims Officer does not relieve the 
claimant from the burden of proving his claim and it is the duty and 
obligation of the claimant to furnish such evidence within his 
particular knowledge as the Claims Officer may require.

Upon completion of his investigation the Claims Officer prepares a 
report setting forth completely but briefly the nature and amount of the 
claim, all pertinent facts necessary to determine the rights and 
liabilities of the claimant and the Government, and the Claims Officer's 
conclusions and recommendations as to allowance or disallowance of the 
claim in whole or in part and reasons therefor, including citations to 
any laws, statutes, or other decisions which it is believed will 
substantiate his recommendation.

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