§ 1424c. Review of claims respecting land on Guam
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/usc/title-48/section-1424cA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Jurisdiction 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)Acquisitions effected through condemnation proceedings 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 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.
(d)Employment of special masters or judges 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 Awards made hereunder shall be judgments against the United States.
(f)Limitation on attorney’s fees; violation; penalty 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 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)Availability of documents, records, and writings to court 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.
(Pub. L. 95–134, title II, § 204, Oct. 15, 1977, 91 Stat. 1162; Pub. L. 96–205, title III, § 301(a), Mar. 12, 1980, 94 Stat. 87.)
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statutes-at-large
- Public Law 95–134To authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes
- Public Law 100–647To make technical corrections relating to the Tax Reform Act of 1986, and for other purposes
- Public Law 96–205To authorize appropriations for certain insular areas of the United States, and for other purposes
11 references not yet in our index
- Pub. L. 95–134, title II, § 204
- 91 Stat. 1162
- Pub. L. 96–205, title III, § 301(a)
- 94 Stat. 87
- Pub. L. 95–134
- 91 Stat. 1159
- Pub. L. 96–205
- Pub. L. 100–647, title VI, § 6140
- 102 Stat. 3724
- section 204 of Public Law 95–134
- Pub. L. 96–205, title III, § 301(b)
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§ 1424c
Review of claims respecting land on Guam
Stat.×4
Pub. L.Pub. L. 95–134, title II, § 204
Stat.91 Stat. 1162
Pub. L.Pub. L. 96–205, title III, § 301(a)
Stat.94 Stat. 87
Pub. L.Pub. L. 95–134
Cites 11 · showing 5Cited by 4 across 1 source