795 



( 1 ) Foi' properties — 



(a) For nonconforming abodes and minimum 

 ' forms of shelter for which there are no com- 

 parable properties on the market in the city of 

 El Paso and concei ning which fair market value 

 would be inadequate to find minimum housing of 

 equal utility, compensation to the owner up to 

 an amount which when added to the market 

 value allowed for his property, including land 

 values, would enable purchase of minimum 

 habitable housin;; of similar utility in another 

 residential section of said city. 



(b) For commercial properties for which 

 there are no comparable properties on the mar- 

 ket in or near EI Paso, Texas, compensation to 

 the owner up to an amount which, when added 

 to the total fair market value, including the land 

 value, would compensate the owner for the 

 "value in use" of the real estate to him. Such 

 "value in use" is to be determined on the basis 

 of replacement cost less deterioration and obso- 

 lescence in existing real estate and taking into 

 consideration factors bearing upon income at- 

 tributable to the real estate. 



(2 ) For loss in business : 



(a) Loss of profits directly resulting from 

 relocation, limited to the period between ter- 

 mination of business in the old location and 

 commencement of business in the new, such 

 period not to exceed thirty days. 



(b) Loss to owner resulting from inability to 

 rent to others housing or commercial space that 

 can be reasonably related to uncertainties aris- 

 ing out of the pending acquisition of the own- 

 er's property by the United States, such losses 

 limited to those incurred after July 18, 1963, and 

 prior to the making by the United States of a 

 firm offer to purchase. 



(3) For penalty costs to property owners for 

 prepayment of mortgages incident to acquisition of 

 the properties by the United States. 



(Pub. L. 88-300, § 3, Apr. 29, 1964, 78 Stat. 184.) 



§277d-20. Same; limitation on application for reim- 

 bursement or compensation. 



Application for reimbursement or compensation 

 under section 277d-19 of this title shall be submitted 

 to the Commissioner within either one year from the 

 date of acquisition or the date of vacating the prem- 

 ises by the applicant, whichever date is later. Appli- 

 cations not submitted within said period shall be 

 forever barred. (Pub. L. 88-300. § 4, Apr. 29, 1964, 78 

 Stat. 185.) 



§277d-21. Same; attorneys' fees; penalties. 



The Commissioner, in rendering an award in favor 

 of any claimant under section 277d-19 of this title, 

 may, as part of such award, determine and allow rea- 

 sonable attorneys' fees which shall not exceed 10 

 per centum of the amount awarded, to be paid out 

 of but not in addition to the amount of award, to the 

 attorneys representing the claimant. Any attorney 

 who charges, demands, receives, or collects for serv- 

 ices rendered in connection with such claim any 

 amount in excess of that allowed by the terms of this 

 section, if award be made, shall be fined not more 



than $2,000 or imprisoned not more than one year, 

 or both. (Pub. L. 88-300, § 5. Apr. 29, 1964, 78 Stat. 

 185.) 



§277d-22. Same; prohibition against duplicate pay- 

 ments; eligibility for payments unaffected by 

 means employed for acquisition of property; 

 rights and powers unaffected. 



Payments to be made as herein provided shall be 

 in addition to, but not in duplication of, any pay- 

 ments that may otherwise be authorized by law. 

 The means employed to acquire the property, 

 whether by condemnation or otherwise, shall not 

 affect eligibility for reimbursement or compensation 

 under sections 277d-17 to 277d-25 of this title. 

 Nothing contained in such sections shall be construed 

 as creating any legal right or cause of action against 

 the United States or as precluding the exercise by 

 the Government of the right of eminent domain or 

 any other right or power that it may have under 

 such sections or any other law ; nor shall such sec- 

 tions be construed as precluding an owner or tenant 

 from asserting any rights he may have under other 

 laws or the Constitution of the United States. (Pub. 

 L. 88-300, §6. Apr. 29, 1964, 78 Stat. 186.) 



§ 277d-23. Same ; taxation ; exclusion from gross 

 income. 



No amount received as an award under subsection 

 a. and subsections b. (1) and (3) of section 277d-19 

 of this title shall be included in gross income for 

 purposes of chapter 1 of Title 26. However, amounts 

 received under subsection b. (1) shall be included in 

 gross income to the extent that such amounts are not 

 used within one year of the receipt thereof to pur- 

 chase replacement housing or facilities. (Pub. L. 

 88-300, § 7, Apr. 29, 1964, 78 Stat. 186.) 



§277d-24. Same; definitions; exemption from opera- 

 tions of Administrative Procedure Act. 



As used in sections 277d-17 to 277d-25 of this title, 

 the term "land" shall include interests in land, and 

 the term "fair value" shall mean fair value of the 

 interest acquired. The provisions of such sections 

 shall be exempt from the operations of the Admin- 

 istrative Procedure Act of June 11, 1946, as amended. 

 (Pub. L. 88-300, § 8, Apr. 29, 1964. 78 Stat. 186.) 



§277d-25. Same; authorization of appropriations. 



There are authorized to be appropriated to the 

 Department of State for the use of the United States 

 section of said Commission not to exceed $44,900,000 

 to carry out the provisions of said convention and 

 sections 277d-17 to 277d-25 of this title and for 

 transfer to other J^'cdcral agencies to accomplish 

 by tlicni or other piojicr a(;cncy relocation of their 

 facilities ncccssitntcd by the project. Of the appro- 

 priations authorized by this .section, not to exceed 

 $4,200,000 may be u.sod to carry out tlio provisions 

 of section 277d-19 of this title. The provisions of 

 section 277d-3 of this title arc hereby expressly ex- 

 tended to apply to the can-yinB out of the provisions 

 of said convention and sections 277d-17 to 277d-25 

 of this title. (Pub. L. 88-300, § 9, Apr. 29, 19G4, 78 

 Stat. 186.) 



