PRIA, Government Policy, Made Personal

Summary

The Secretary of Transportation must promptly decide and pay a fair amount when the government takes a vessel. The ship's value cannot be increased because of the reasons it was taken, and owners cannot get paid for indirect losses from the taking. If a construction-differential subsidy was paid, value is set under section 802 of the Merchant Marine Act, 1936. If no subsidy was paid, exclude any national-defense features the U.S. already paid for. If the government agreed to cover charter risks and the ship is lost or damaged without an agreed payment, the Secretary must pay what insurance does not cover.

Title 46, §56303

Shipping, Source: USLM XML via OLRC

(a)In General.—

As soon as practicable, the Secretary of Transportation shall determine and pay just compensation for a vessel requisitioned under this chapter.

(b)Factors Not Affecting Value.—

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.

(c)Effect of Construction-Differential Subsidy.—

(1)If 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.

(2)If not paid.—

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.

(d)Loss or Damage During Charter.—

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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 56303(a)46 App.:1242(a) (3d sentence words before 2d comma), (d) (1st par. words before 2d comma).June 29, 1936, ch. 858, title IX, § 902(a) (3d, last sentences), (b), (d) (1st par. words before 2d comma), 49 Stat. 2015, 2016; Aug. 7, 1939, ch. 555, § 3, 53 Stat. 1255; Aug. 3, 1956, ch. 929, § 3, 70 Stat. 985; Pub. L. 97–31, § 12(131), Aug. 6, 1981, 95 Stat. 165. 56303(b)46 App.:1242(a) (3d sentence words after 2d comma, last sentence). 56303(c)46 App.:1242(b). 56303(d)46 App.:1242(c) (last sentence).

Editorial Notes

References in Text

section 802 of the Merchant Marine Act, 1936, referred to in subsec. (c)(1), is section 802 of act June 29, 1936, ch. 858, 49 Stat. 1985, which is set out as a note under section 53101 of this title.

§56303 Compensation