46 U.S.C. § 56303 — Compensation
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 194 words · no verdicts yet
This law requires the Secretary of Transportation to pay fair, just compensation for any vessel taken under this chapter, as soon as practical. The value cannot be boosted just because of the emergency, and special rules apply if the government already paid a construction subsidy for the vessel.
As soon as practicable, the Secretary of Transportation shall determine and pay just compensation for a vessel* requisitioned under this chapter.
The value of a vessel may not be considered enhanced by the circumstances requiring its requisition. Consequential damages arising from the requisition may not be paid.
If a construction-differential subsidy has been paid for the vessel, the value of the vessel at the time of requisition shall be determined under section 802 of the Merchant Marine Act, 1936.
If a construction-differential subsidy has not been paid for the vessel, the value of any national defense features previously paid for by the United States Government shall be excluded.
If a vessel is lost or damaged by a risk assumed by the Government under the charter, but a valuation for the vessel or a means of compensation has not been agreed to, the Secretary shall pay just compensation for the loss or damage, to the extent the person is not reimbursed through insurance.
Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1655.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1655
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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