[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR211.23]



[Page 190]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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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