46-U.S.C.-56303
§56303 – Compensation
Pathway
Title 46 > Subtitle V > Part E > Chapter 563 > Section 56303
Details
- Reference: Section 56303
- Legend: §56303 – Compensation
- USCode Year: 2013
Provision Content
(a) In General.—As soon as practicable, the Secretary of Transportation shall determine and pay just compensation for a vessel requisitioned under this chapter.
(b) Factors Not Affecting Value.—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) Effect of Construction-Differential Subsidy.—
(1) If paid.—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 not paid.—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) Loss or Damage During Charter.—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.
(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1655.)
| Revised Section |
Source (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). |
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.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-56105 in the Legal Encyclopedia: Shipping
In this entry about 46-U.S.C.-56105, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.
46-U.S.C.-55335 in the Legal Encyclopedia: Merchant Marine
In this entry about 46-U.S.C.-55335, find legal reference material, bibliographies and premiere content related to merchant marine in the American Encyclopedia of Law, presenting a comprehensive view of the United States merchant marine-specific issues, written by authorities in the field.
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