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B-190607 1 (1978-02-09)

handle is hein.gao/gaobadfpp0001 and id is 1 raw text is: * THE COM WYMOLLER UWN 4 L DECISION . . OF THE UNITED S TATS WAUHIINGTON. D.C. R04g FILE: 5-190607 DATE: FPruary 9, 1978 MATTER OF: William C. Sloane - Pro rate reimbursement of rcal estate expenses CIGEST:Employee claims real estate expenses for cost of selling 4.9591 acre plot adjacent to residence which was situated on 2.1852 acre plot. After applying guidelines set forth in 54 Camp. Gen. 597 (1975) L4ency determined adjacent plot does not reasonably relate to residence as required by FTR para. 2-6.1f. GAO will not ditturb agency finding unless clearly erroneous, arbitrary, or capricious. Agency determination is proper since it is supported by opinion from Farmers Home Adminiutration concerning residentia3 sites in the area. This action concerns the request of H. Larry Jordan, authorized certifying officer, Department of Agriculture, for a decision whether he may certify for payment the reclaim of William C. Sloane for real estate expenses incurred incident to his transfer from Washington, D.C., to Lawrericce, Kansas. Mr. Sloane sold his residence, which was,,ituated on a plot consisting of 2.1852 acres in the vicinity of Shis old duty station, and settlement was made on J6ne 16, 1976. He also sold to the same purchaser an adjoining 4.9591 acre plot of land and settlement ,was made on June 18, 1976. Mr. Sloane claimed real estate expenses incurred incident to both transactions. However, the Department of Agriculture disallowed all amounts relatina to the additional 4.9591 acre plot.tThe disallowance was bosed on our decision 54 Coup..Gen. 597 (1975), concering the method of determining entitlement when:it appeared that an employee had sold excess land in connection with,.the sale of his residence. The proper agency official shouIld take into accoubnt such factors as zoning requirements in the area, or absent any zoning requirem'ents, factors such as the past, prerent, or potential use of the land, including possible subdivision, local health department requirementL, the location of the land, including accessability, road frontage, water supply, easements, etc. It was suggested that aid in determining the above factors could be obtained from the Farmers Home Administration or local real estate exports. In complying with the above requirements, Mr. Jordan reports the following findings: --a

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