§56303 — Title 46 Shipping | U.S. Code

Summary

The Secretary must pay compensation for vessels taken under this law. Value can't be raised because of the taking and extra damages aren't paid; valuation follows section 802 if a construction‑differential subsidy was paid, otherwise exclude U.S.-paid defense features; uninsured loss from a government‑assumed charter risk must be paid if no agreement exists.

Title 46, §56303

Shipping — Source: USLM XML via OLRC

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

(b)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)(1)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 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)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