Page:United States Statutes at Large Volume 70.djvu/271

 TO S T A T. ]

PUBLIC LAW 642-MAY 28, 1966

216

Aviiether there are some other purposes for its seeking the return of the property and what disposition it intends to make of the property, if the same is returned; and (f) that the respondents named in the petition include and constitute the grantee or grantees and their successors in title, if any, who received the original conveyance and all other persons or Government bodies having or claiming any interest therein or occupancy thereof; and all such respondents shall be personally served with the petition. H n dd SEC. 5. If the allegations required by section 4 hereof are contained terttan'ltion'o*? in the petition, the circuit court shall hear and determine the claim as claims, a court of equity, without a j u r j, and may, in the exercise of its sound discretion and within the principles hereinafter set forth, eitlier direct the return of the property to the petitioner, if the allegations of the petition are sustained, or make such other order as it shall deem appropriate. SEC. 6. I n the disposition and determination of such claims, the eq^ty"*^^^^*' °' circuit court shall, in addition to the general principles of equity, be governed by the following principles: (a) I n case of an assignment or transfer of a chiim, or any part thereof or interest therein, the claim, or so much thereof as is involved in the assignment or transfer, shall be denied and disallowed unless it shall be shown that the assignment or transfer was made for a good and sufficient reason without any motive of speculation, (b) If the allegations of the petition are proved, and if the property is then being used by the Territory or a political subdivision thereof, the court may direct that the property be retained for a reasonable time so as to allow the Territory or political subdivision thereof using the property to obtain other accommodations. The use of the property during such period of time shall be without charge to the Territory or political subdivision thereof, as the case may be. (c) If an eminent domain proceeding for the condemnation of the property, or any part thereof, for public use is brought by the Territory or political subdivision within the time so allowed by the court, in such eminent domain proceeding, the property shall be valued and the proceeding shall be heard and determined in all respects as if filed upon the date of the original conveyance and as if an order had been made letting the Government into possession on said date: Provided, That at its option, the Territory or political subdivision may bring eminent domain proceedings for condemnation of the property or part thereof required for public use without invoking the preceding provisions of this sentence: Pro aided further, That in the event the Territory or political subdivision shall have discharged encumbrances upon the property for which it is entitled to reimbursement as provided by subsection (e), the same may be made a setoff in any eminent domain proceeding brought for condemnation of the property or part thereof required for public use. (d) Xo vested rights or interest of any person, whether held in fee simple or for a term of years or otherwise, shall be impaired by the disposition of any such claim. If the property has been sold, the court may direct payment by the Territory or political subdivision thereof to the persons who would have been entitled to the return of the property had it not been sold. Such payment shall not exceed the consideration received for the property, and such payment shall be without interest. (e) In respect of property which has been improved during the tenure of the Territory or political subdivision thereof, either by the making of new improvements or by betterment of the property in any

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