37.0117 Compensation by benefit from project.

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(a) Notwithstanding the provisions of 37.0116, where it is shown by appropriate

means that a project will result in a direct benefit to a person, family, or village having custody of lands required by the government for such project, and where such benefit will at a minimum equal the value of lands to be acquired and/or damaged, such benefit to the owner will constitute just compensation; provided, that in all cases the government shall compensate owners for immediate losses of provements. This determination or equal value in benefits for the land use must be agreed to by the property owners in writing in the presence of the secretary for Samoan affairs.

(b) When the acquisition of land under this article is made for projects or purposes which are not a direct benefit to the village or family having custody of such land, the government will provide compensation in accordance with 37.0116.

History: Relocation Asst. and Prop. Acq. Regs., eff prior to 1975, Reg. 3.04