46-U.S.C.-56302
§56302 – Charter Terms
Pathway
Title 46 > Subtitle V > Part E > Chapter 563 > Section 56302
Details
- Reference: Section 56302
- Legend: §56302 – Charter Terms
- USCode Year: 2013
Provision Content
(a) In General.—If a vessel is requisitioned for use but not ownership under this chapter, the Secretary of Transportation, at the time of requisition or as soon thereafter as the situation allows, shall offer the person entitled to possession of the vessel a charter containing—
(1) the terms the Secretary believes should govern the relationship between the United States Government and the person; and
(2) the rate of hire the Secretary considers just compensation for the use of the vessel and the services required under the charter.
(b) Refusal To Accept.—If the person does not accept the charter and rate of hire, the parties shall proceed as provided in section 56304 of this title.
(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1654.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 56302 | 46 App.:1242(c) (1st sentence). | June 29, 1936, ch. 858, title IX, §902(c) (1st sentence); as added Aug. 7, 1939, ch. 555, §3, 53 Stat. 1255; Pub. L. 97–31, §12(131), Aug. 6, 1981, 95 Stat. 165. |
In subsection (a), the words requisitioned for use but not ownership under this chapter are substituted for taken and used under authority of this section, but the ownership thereof is not required by the United States to eliminate unnecessary words. The word requisition is substituted for taking, and the word vessel is substituted for such property, for consistency.
Subsection (b) is added because the provisions about disputed compensation, for both charter use and other takings, are consolidated in section 56304 of the revised title to avoid repetition.
U.S. Encyclopedia of Law Coverage
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