Page:United States Statutes at Large Volume 70.djvu/1041

 70 S T A T. ]

PUBLIC LAW 9B8-AUG. 3, 1956

986

by the insured to reject the stated valuation fixed by the Secretary and to sue in the courts, the amount of the judgment will be payable without regard to the limitations contained in the twelfth paragraph under the heading Maritime Activities in title I of the Department of ^ 5 USC 1243-1. < Commerce and Related Agencies Appropriation Act, 1956, in the ^^ Stat. 231. tenth paragraph under the heading Maritime Activities in title III of the Department of State, Justice, and Commerce, and the United States Information Agency Appropriation Act, 1955, in the eleventh 68 Stat. 426. paragraph under the heading 'MARITIME ACTIVITIES' in title III of the Department of Justice, State, and Commerce Appropriation Act, 1954, the tenth paragraph under the heading 'OPERATING DIFFERENTIAL ^^ stat, asi. SUBSIDIES' in title II of the Independent Offices Appropriation Act, 1953, the corresponding paragraphs of the Independent Offices Ap- ^^ Stat. 414. propriation Act, 1952, and the Third Supplemental Appropriation ^s Stat. 286. Act, 1951, although the excess of any amounts advanced on account ss Stat. eo. of just compensation over the amount of the court judgment will be required to be refunded. I n the event of such court determination, premiums under the policy shall be adjusted on the basis of the valuation as finally determined and of the rate provided for in said policy." SEC. 2. Section 902(c) of the Merchant Marine Act, 1936, as amended (U.S.C. title 46, sec. 1242 (c)), is amended to read as " s t a t. 1255. follows: "(c) If any property is taken and used under authority of this Charter of v e s section, but the ownership thereof is not required by the United States, s e l s. the Commission, at. the time of the taking or as soon thereafter as the exigencies of the situation may permit, shall transmit to the person entitled to the possession of such property a charter setting forth the terms which, in the Commission's judgment, should govern the relationships between the United States and such person and a statement of the rate of hire which, in the Commission's judgment, will be just compensation for the use of such property and for the services required under the terms of such charter. If such person does not execute and deliver such charter and accept such rate of hire, the Commission shall pay to such person as a tentative advance only, on account of such just compensation a sum equal to 75 per centum of such rate of hire as the same may from time to time be due under the terms of the charter so tendered, and such person shall be entitled to sue the United States in a court having jurisdiction of such claims to recover such amounts as would be equal to just compensation for the use of the property and for the services required in connection with such use: Provided, however, That in the event of an election by such person to reject the rate of hire fixed by the Commission and to sue in the courts, the excess of any amounts advanced on account of just compensation over the amount of the court judgment will be required to be refunded. I n the event of loss or damage to such property, due to operation of a risk assumed by the United States under the terms of a charter prescribed in this subsection, but no valuation of such vessel or other property or mode of compensation has been agreed to, the United States shall pay just compensation for such loss or damage, to the extent the person entitled thereto is not reimbursed therefor through policies of insurance against such loss or damage." SEC. 3. The first sentence of section 902(d) of the Merchant Marine Act, 1936, as amended (U.S.C. title 46, sec. 1242 (d)) is amended " Stat. i2ss. to read as follows: " (d) I n all cases, the just compensation authorized by this section compensation. "' ^J^t*ro«"o"°" shall be determined and paid by the Commission as soon as practica- ""'""'•"""'* """ ble, but if the amount of just compensation determined by the Commission is unsatisfactory to the person entitled thereto, such person

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