§ 1424c. Review of claims respecting land on Guam

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1977

   Pub. L. 95–134 title II § 204 · 91 Stat. 1159

   Enacted · 48 U.S.C. § 1424c

   Pub. L. 95–134, title II, § 204, Oct. 15, 1977, 91 Stat. 1162

   Source evidence

   Code source credit
   Pub. L. 95–134, title II, § 204, Oct. 15, 1977, 91 Stat. 1162

   Enacted provision · exact public law section
   Sec. 204. (a) Notwithstanding any law or court decision to the contrary, the District Court of Guam is hereby granted authority and jurisdiction to review claims of persons, their heirs or legatees, from whom interests in land on Guam were acquired other than through judicial condemnation proceedings, in which the issue of compensation was adjudicated in a contested trial in the District Court of Guam, by the United States between July 21, 1944, and August 23, 1963, and to award fair compensation in those cases where it is determined that less than fair market value was paid as a result of (1) duress, unfair influence, or other unconscionable actions, or (2) unfair, unjust, and inequitable actions of the United States. (b) Land acquisitions effected through judicial condemnation proceedings in which the issue of compensation was adjudicated in a contested trial in the District Court of Guam, shall remain res judicata and shall not be subject to review hereunder. (c) Fair compensation for purposes of this Act is defined as such additional amounts as are necessary to effect payment of fair market value at the time of acquisition, if it is determined that, as a result of duress, unfair influence, or other unconscionable actions, fair market value was not paid. Interest may not be allowed from the time of acquisition to the date of the award on such additional amounts as may be awarded pursuant to this section. (d) The District Court of Guam may employ and utilize the services of such special masters or judges as are necessary to carry out the intent and purposes hereof. (e) Awards made hereunder shall be judgments against the United States. (f) Attorney’s fees paid by claimants to counsel representing them may not exceed 5 per centum of any additional award. Any agreement to the contrary shall be unlawful and void. Whoever, in the United Violation, penalty. States or elsewhere, demands or receives any remuneration in excess of the maximum permitted by this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both. A reasonable attorney’s fee may be awarded in appropriate cases. (g) All agencies and departments of the United States Government shall, upon request, deliver to the court any documents, records, and writings which are pertinent to any claim under review.

2. 1980

   Pub. L. 96–205 title III § 301(a) · 94 Stat. 84

   Struck · 48 U.S.C. § 1424c(c)

   Pub. L. 96–205 struck out provisions prohibiting allowance of interest on additional amounts of award

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 96–205 struck out provisions prohibiting allowance of interest on additional amounts of award.

   Enacted provision · exact public law section
   (a) Subsection (c) of section 204 of Public Law 95–134 (91 Stat. 1159, 1162) is amended by deleting the second sentence of said 48 USC 1424c. subsection.

2 of 2 references resolved to an enrolled provision