[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: 33CFR211.24]



[Page 191]

 

                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.  211.24  Disposition of claims.



    (a) Real estate claims for damages. Real estate claims for damages 

not exceeding $1,000 may be settled by the Division Engineer. If the 

Division Engineer allows the claim in toto it is transmitted to the 

local Disbursing Officer who transmits a check to claimant in payment of 

the claim. Where the claim is disallowed by the Division Engineer, in 

whole or in part, the claimant is so advised and in the event that he is 

unwilling to accept the decision of the Division Engineer, he may appeal 

within 30 days after receipt of such notice, through the Division 

Engineer's Office, to the Secretary of the Army. This appeal should 

state in full reasons for not accepting the Division Engineer's award.

    (b) Claims for damages in excess of $1,000. Claims for damages in 

excess of $1,000 arising out of the use and occupancy of real estate 

under an agreement, express or implied, or otherwise, are forwarded to 

the General Accounting Office for settlement.

    (c) Claims for rent or other payments. Claims for rent or other 

payments of a contractual nature regardless of amount arising out of the 

use and occupancy of real estate under an agreement, express or implied, 

or otherwise, are forwarded to the General Accounting Office.

    (d) Mixed claims for rental and damages. When a claim arising from 

the use and occupancy of real estate has been received, the elements of 

the claim are first determined. If the claim is for damages not in 

excess of $1,000 and rental, these elements are if practicable, 

separated and the damages settled under AR 25-25, otherwise the claims 

are forwarded to the General Accounting Office for direct settlement.



                  Federal Jurisdiction Over Real Estate



    Authority: Sections 211.25 through 211.28 issued under R.S. 161; 5 

U.S.C. 301.



    Source: 13 FR 8751, Dec. 30, 1948, unless otherwise noted.