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B-207613 1 (1983-04-06)

handle is hein.gao/gaobadkzn0001 and id is 1 raw text is: - ~~.THE COMPTROLLER GENERAL DECISION .OF THE UNITBO STATES WASHINGTON. 0. C. 20548 FILE: B-207613 DATE: April 6, 1983 MATTER OF: Conflicting claims over use of lands by the United States DIGEST: 1. GAO generally cannot determine questions of land ownership among conflicting claimants, especially where record indi- cates that land is now owned by another government. 2. Six-year statute of limitations in 31 U.S.C. 9 3702(b) bars conflicting claims to rents, damages and destruction of property arising fra property's occupation by the United States, when the claims accrued in 1960 and 1956 and were not filed with GAD until December 1981 and May 1982, respectively. This responds both to a request for reconsideration of our Claims Group's denial of Mr. Isabelo B. Austria's $94 million claim against the United States for rents, damages and destruction of property, filed on behalf of the heirs of Hermogenes and Antonio Rodriguez, and a similar claim of nr. Irineo F. Mendoza for approximately $110.5 million. Both claims relate to the same land. For the reasons given below, we affirm our Claims Group's denial of Mr. Austria's claim and also deny the claim of Mr. Mendoza. The conflicting claims of Mr. Austria and Mr. Mendoza apparently arose from United States occupation of an area of land located in Metro- Manila, Republic of the Philippines, roughly between the years 1898 and 1960. When in United States possession, the area was named Fort William McKinley; after it was turned over to the Philippines, it was re- named Fort Bonifacio. Mr. Austria claims $94 million as corpensation for rents, damages and destruction of the property by the United States between the years 1898 and 1960; Mr. Mendoza similarly claims approximately $110.5 million frat 1902 through 1956. Both parties maintain that claims initially were filed in 1946 with a United States AmTy Real Estate Office in the Philippines, though they disagree on who filed them. Mr. Austria's claim originally was transmitted to this Office by the Department of the Army. Based on the evidence submitted, our Claims Group advised the Army, in a letter dated December 14, 1981 (Claim No. Z-2836439), that:

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