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B-168879 1 (1970-05-07)

handle is hein.gao/gaobadprj0001 and id is 1 raw text is: 



               COMPTROLLER GENERAL OF THE UNITED STATES
                          WASHINGTON, D.C. Z0548






 ;ear i r. logan:

       urther reference is     de to your letter of    ruary 20, 1970,
concerning the refusal of the 3epartment of the Interior to eli
certain land in New 4eco to your constituent, Mr. erbert        .


      The land in question was     ffered for sale in Janu     1957, by
the Surau of    and      g    t (SL4), 3apartment of the Interior,
pursuant to the auhority of 43 U.S.C. 1171, as         _de.    2 so ;ids
were received. Ur. Conihan submitted the high bid of ;l02, 3nd
-r.   Upert  hishim bid p65,       Te land had been appraised in
Ieptember 1956 at a value of A6l.5O. I. Chish oim, owner of con-
tLguous land, claimed a prefeence right undr the above statte.
1fne mnager of the BLM office in bante f e conclude      that Ar.
c isholm had a preference riht to purchase the land,           e deli-
sion was appealed by Mr. Counihan to the Directar, 1Q, iho
affirmed the decisLon in     ay 1958.   h is decision was also  ppeed
nd, in December 1958, the epty olicior of the aepLrtsen of
the Interior reTan;      the ase to   he  -L for further ddezi0naton
as zo the preference right owner. In .agust 1959, the IM deter-
ined that Mr. Qhishoim was not enetitd to a preference right.
Ar. -hishol's appeal of this decision was denied on October 27,
196;, by the Director, -M, who als      remanded the case for
further determination of the value of the land in vie-w of the
1Lpse of time since the 1956 apprais1.

      T.e later .ecision   as sppeald by Mr, Chishoim 4ad, lI July
1962, the ssistant     ecrery for 2lic Lane Manne i.t rulEd th u
.r. Cisholm's preference right     laim had prsorly been diKallow.
ealo cncluded that the facts suggeste         that the 1956 appraisal
aay have been inadequate, and ordered a eapprailsal. Zurther, he
direted tht the sale be vacted if the reappraisl shoed that
r.cUnihans bid of     02 did not represent the fair     aket value
of che lrd ss of J       a y 1957.  I a decisio   dated arch 13,
1963, the 3LM concluded tha t the wiuse of the Ia nas of Lanuary
1)57 -as $45l, and ordered the      i vaated.    Te land is     ow
atimatc to have avalue of at least 6 ,50. An .ppeal fro this
devison     as denied y the    A. A further    ppeal  as mde to the
cretary ard on ECy 13, 194, the     :ssisant ereai    for La d
  nageent affixed the ALI decision. Mr. L5ounihan's request that
the case be reopened was denied on ugust 3, 1964.

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