46 U.S.C. § 56304 — Disputed compensation

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 75 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a vessel owner disagrees with the compensation amount the Secretary of Transportation decided on, this law requires the Secretary to first pay 75 percent of that amount as a tentative advance. The owner can then sue the government to get the full, fair amount, and must refund any extra if the advance turned out to be too much.

If the person owed compensation disagrees with the amount the Secretary of Transportation set under this chapter, the Secretary must still pay that person 75 percent of the determined amount right away, as a tentative advance. The person can then bring a civil lawsuit against the United States to try to recover the full, fair amount. If that 75 percent advance turns out to be more than what the court eventually awards, the person must pay back the difference.

the actual law source: uscode.house.gov ↗public domain

If the person entitled to compensation disputes the amount of just compensation determined by the Secretary of Transportation under this chapter, the Secretary shall pay the person, as a tentative advance, 75 percent of the amount determined. The person may bring a civil action against the United States to recover just compensation. If the tentative advance paid under this section is greater than the amount of the court’s judgment, the person shall refund the difference.

Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1655.)

history & why it existsrecord from the source credit

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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