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2016 US Code
Title 46 - Shipping
Subtitle V - Merchant Marine
Part E - Control of Merchant Marine Capabilities
Chapter 563 - Emergency Acquisition of Vessels
Sec. 56303 - Compensation

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Citation 46 U.S.C. § 56303 (2016)
Section Name §56303. Compensation
Section Text

(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.
Source Credit

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1655.)
Editorial Notes
Historical and Revision Notes
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.
Publication Title United States Code, 2012 Edition, Supplement 4, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle V - Merchant Marine
Part E - Control of Merchant Marine Capabilities
CHAPTER 563 - EMERGENCY ACQUISITION OF VESSELS
Sec. 56303 - Compensation
Contains section 56303
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 49 Stat. 1985, 2015
53 Stat. 1255
70 Stat. 985
95 Stat. 165
120 Stat. 1655
Public Law References Public Law 97-31, Public Law 109-304
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