washington - justice . 25, 0. c. in . the matter op' the . ... ($231.00) ~ an award is granted...
Post on 12-Jun-2018
213 Views
Preview:
TRANSCRIPT
FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES
WASHINGTON 25 0 C
IN THE MATTER OP THE CLAIM OF
ANNA KANUCK 216 Huron St ~ Brooklyn 22 N Y JOHN KANUCK 123 Nobel St8 Brqoklyn 22 N Y MICHAEL KANUCK 15 Walter AveHigksvilleN0 Y0 Claim No CZ-3756 ANNA BARAN 110 Kent St Brooklyn 22 N Y HELEN DIETZ 4147 Benham St gtElmhurst 73 NoY o
Decision No CZ-22MARY ANDREYCAK 103 Grand St() Brooklyn No Y0
Under the International Claims Settlement Act of 1949 as amended
FINAL DECISION
The Commission issued an Order and Amended Proposed Decision on
this claim on February 28 9 1962 granting avards to ~OHN KANUCK MICHAEL
KANUCK ANNA BARAN and HELEN DIETZ The Proposed Decision insofar as
it denied the claim of ANNA KANUCK was affirmedo The claim made by
MARY ANDREYCAK was denied for her failure to establish her alleged
United States citizenship
Subsequently MARY ANDREYCAK submitted her Certificate of Birth
showing that she was born in the United States on August 5 1923 In
view of such evidence and also upon evidence already on record the
Commission finds that MARY ANDREYCAK ovned a 16 interest in real propshy
erty recorded in land register libers 9 16 15 2 and 27 of Ruska Vola
Czechoslovakia amounting to 09417 hectare or land and a 172 interest
in a house which were taken without compensation by the Government or
Czechoslovakia on February 28 1958 The Commission further finds that
the value of the interest ovned by MARY ANDREYCAK in the property taken
amounted to a total of $22500 on the date of taking thereof and such
finding is based upon information and evidence amassed in the course or adjudicating claims against the Government of CsechoaloYakia concerning
similar propertyG Finally the Commission concludes that JIARI AIDRCJI
is entitled to compensation for such loss under Section 404 or tile Aot
- 2 shy
_Accordingly it ls
ORDERED that the awards be restated as follows
A W A R D S
Pursuant to the provisions of Title IV of the I nternational Claims
S~ttlement Act of 1949~ as amended an award is hereby made to JOHN KANUCK
in the principal amount of Two Hundred Twenty- five Dollars ($225eOO)
plus interest thereon at the rate of 6 per annum from February 28 1958
to August 8 1958 the effective date of Title IV of the Act in the
amount of Six Dollars ( $6~ 00) for a total award of Two Hundred Thirtyshy
one Dollars ( $231 00) ~
an award is granted to MICHAEL KANUCK in the principal amount of
Two Hundred Twenty-five Dollars ($225000) plus i nterest thereon at the
rate of 6 per annum from February 28 1958 t o August 8 1958 the
effective date of Title IV of the Act9 in the amount of Six Dollars
($6000) for a total award of Two Hundred Thirty-one Dollars ($23100)
an award i s granted to ANNA BARAN in the principal amount of Two
Hundred Twenty-five Dollars ( $225~00 ) plus interest thereon at the rate
of 6 per annum from February 28 1958 to August 8 1958 the effective
date or Title IV or the Act in the amount of Six Dollars ($600) for
a total award of Two Hundred Thirty-one Dollars ($23100)
an award is granted to HELEN DIEIZ in the principal amount of Two
Hundred Tventy-five Dollars ($22500) plus interest thereon at the rate
of 6 per annum from February 28 1958 to Au~st 8 1958 the effective
date of Title IV of the Act in the amount of Six Dollars ($600) for
a total award of Tvo Hundred Thirty-one Dollars ($23100) and
an award is granted to MARY ABDREYCAK in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plu~ interest thereon at the
rate or 6~ per annwn rrom Febrtaary 28 19S8 to A11g11at 8 19S8 tbe
effective date of Title IV of the Act
($6 00) for a
- J shy
in the amount of Six Dollars
total award of Two Hundred Thirty-one Dollars ($23100) 0
It is further
ORDERED that the awards as restated IErein be certified to the
Secretary of the Treasuryo
Dated at Washington Da Ca
COMMISSIONERS
r7T11lAT Dr -middot --shy ~VI
bull _ J
FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES
WASHINGTON 25 0 C
IN THE ~ATTER OF THE CLAIM OF
ANNA KANUCK 216 Huron Sto Brooklyn 22N0 Y JOHN KANUCK 123 Nobel St Brooklyn 22NY0
lICHAET1 KANUCK15 Walter AveHicksvilleNY ANNA BARAN 110 Kent St Brooklyn 22NY REI~ DIEIZ4147 Benham StElmhurst 73NY MARY ANDREYCAK 103 Grand St BrooklynNY
Under the International Claims Settlement Act of 1949 as amended
Claim No CZ-3756
Decision No CZ- 22
GPO 9178bull5
ORDER AND raquoENDED PROPOSED DECISION
This claim originally filed by ANNA KANUCK was denied on
November 13 1959 by a Proposed Decision on the ground that claimant
railed to establish that the property upon which the claim is based
was owned by a United States national on the date of nationalization
or other taking thereof Thereafter the five children of ANDREW
KANUCK and ANNA KANUCK were joined as claimants herein
This is a claim against the Government of Czechoslovakia under
Section 404 Title rv of the International Claims Settlement Act of
1949 as amended in the amount of $1200000 JOHN KANUCK MICHAEL
KANUCK ANNA BARAN and HEIEN DIETZ became nationals of the United
States by naturalization on November 10 1936 April 8 19301
August 9 1938 and by birth in the United States on January 23 19301
respectively MARY ANDREYCAK has railed to establish that she is a
United States national The claim is based upon asserted lliterests
in 10 acres of oak forest and 20 acres ot farmland a house and barn
all situated in Rusks Vola Csechoalovakia
The Commission tilJds that jndrev Iamok (also known as Andrej
Kam1k) oWD84 real propart7 in Baab Yolamp ceabo~ bullbull tollowa
- 2 shy
land register area in interest equivalent of interestliber number sq siah owed in sq siah
9 29800 112 248316 27000 18 337515 55920 130 1864
2 900 11 900 27 101508 hectare 14 8622 or 31125 hectare
25377 II
56502 1t
plus a 112 interest in the house built on the parcel recorded in
land register liber 9 of Ruska Vola as lot 11
Andrew Kanuck died intestate on December 27 1952 and under
Section 526 of Law 14150 ~o the Civil Code of Czechoslovakia
effective on January 1 1951 JOHN KANUCK 14ICHAEL KANUCK ANNA BARAN
and HEIEN DIETZ each inherited a 16 interest in the Estate of Andrew
Kanuck Deceased consisting of the above-mentioned interests in real
property amounting to 09417 hectare of land and a 172 interest in
the house which was taken without compensation by the Government of
Czechoslovakia on February 28 19580
The claim is filed in the amount of $1200000 but clajmants
have failed to submit any evidence to support such allegation
Publication by the Federal Agency for Equalization of Burden
(Bundesausgleichsamt) of the German Federal RepublicJshows that the
average value of farmland in the area where Ruska Vola is situated
was 640 to 850 Reichsmark (16000 to $21250) per hectare Based
upon such information the Commission finds that the value of 09417
hectare (a 16 interest in 56502 hectare) or farmland was $20000
and the value or a l2 interest in the rarmhouse recorded in liber
9 of Ruska Vols as lot 11 WBS $2500 on February 28 1958 the
date or taking thereof the latter finding being based upon information
JVarsa1chn1s der Ge)ll81ndbull-Hektarbullltse Jilt alpbabetischem Kre1averse1chn1a der Vartnlbmlabull1bullbie1e (JJtrt of per Beetarbull Land Values vitb llpbabriioal Llat ot the Coaatriu ot the Expul8ion-eNU)1 Uln Bande11ampDMiger1 1956- Supplement 5 Pbull 280
- 3 shy
and evidence amassed in the course of adjudicating claims against
the Government of Czechoslovakia concerning similar property
Finally the Commission concludes that JOHN KANUCK MICHAEL KANUCK
ANNA BARAN and REIEN DIErZ each is entitled to compensation f or such
loss under Section 404 of the Act
Since Title rJ of the Act provides relief only for nationals
of the United States the claim made by MARY ANDREYCAK is denied
for her failure to esta~lish her alleged United States nationality
The Proposed Decision insofar as it denied the claim of ANNA
KANUCK is affirmedo Although she inherited an interest in the
property upon the death of Andrew Kanuck this interest was not owned
by a United States national on February 28 1958 when the claim
arose and therefore is not compensable under the Acto
The Commission finds it unnecessary to make determinations with
respect to other elements of the claim Accordingly it is
ORDERED that the Proposed Decision of November 13 1959 in this
claim be amended by the foregoing and that awards be granted as
follows
A W A R D S
Pursuant to the provisions of Title rl of the International
Claims Settlement Act of 1949 as amended an avard is hereby made to
JOHN KANUCK in the principal amount of Two Hundred Twenty-five Dollars
($22500) plus interest thereon at the rate of 6 per anrmm from
February 28 1958 to August 81 1958 the effective date of Title IV1
of the Act in the amount of Six Dollars $600) for a total award
of Tvo Hundred Thirty-one Dollars ($23100)
an award is granted to MICHJEL UNUCX in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate ot ~ per anmJm troa Fbullbruar7 28 1958 to JuguSt 8 195S
the ettect1ve date ot Title lV ot ~ joi in tba amount ot Six
($23100)
- 4 shy
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars
an award is granted to ANNA BARAN in the principal amount or
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 pe~ annwn from February 28 1958 to August 8 1958 shy
the effective date of Title rJ of the Act in the amount or Six
Dollars ($600) for a total award of Two Hundred Thirty-one Dollars
($23100)
an a11ard is granted to HELEN DmIZ in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 per annum rrom February 28 1958 to August 8 1958
the effective date of Title IV of the Act in the amount of Six
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars ~
($23100)
Dated at Washington D
c FEB 2 8 1962
( BY DIRZCTION OF THE COl~iilSSION rmiddot
gt bullbull ~middot
middot
Francis T ~Iasterson Clerk of the Commission
- 2 shy
_Accordingly it ls
ORDERED that the awards be restated as follows
A W A R D S
Pursuant to the provisions of Title IV of the I nternational Claims
S~ttlement Act of 1949~ as amended an award is hereby made to JOHN KANUCK
in the principal amount of Two Hundred Twenty- five Dollars ($225eOO)
plus interest thereon at the rate of 6 per annum from February 28 1958
to August 8 1958 the effective date of Title IV of the Act in the
amount of Six Dollars ( $6~ 00) for a total award of Two Hundred Thirtyshy
one Dollars ( $231 00) ~
an award is granted to MICHAEL KANUCK in the principal amount of
Two Hundred Twenty-five Dollars ($225000) plus i nterest thereon at the
rate of 6 per annum from February 28 1958 t o August 8 1958 the
effective date of Title IV of the Act9 in the amount of Six Dollars
($6000) for a total award of Two Hundred Thirty-one Dollars ($23100)
an award i s granted to ANNA BARAN in the principal amount of Two
Hundred Twenty-five Dollars ( $225~00 ) plus interest thereon at the rate
of 6 per annum from February 28 1958 to August 8 1958 the effective
date or Title IV or the Act in the amount of Six Dollars ($600) for
a total award of Two Hundred Thirty-one Dollars ($23100)
an award is granted to HELEN DIEIZ in the principal amount of Two
Hundred Tventy-five Dollars ($22500) plus interest thereon at the rate
of 6 per annum from February 28 1958 to Au~st 8 1958 the effective
date of Title IV of the Act in the amount of Six Dollars ($600) for
a total award of Tvo Hundred Thirty-one Dollars ($23100) and
an award is granted to MARY ABDREYCAK in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plu~ interest thereon at the
rate or 6~ per annwn rrom Febrtaary 28 19S8 to A11g11at 8 19S8 tbe
effective date of Title IV of the Act
($6 00) for a
- J shy
in the amount of Six Dollars
total award of Two Hundred Thirty-one Dollars ($23100) 0
It is further
ORDERED that the awards as restated IErein be certified to the
Secretary of the Treasuryo
Dated at Washington Da Ca
COMMISSIONERS
r7T11lAT Dr -middot --shy ~VI
bull _ J
FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES
WASHINGTON 25 0 C
IN THE ~ATTER OF THE CLAIM OF
ANNA KANUCK 216 Huron Sto Brooklyn 22N0 Y JOHN KANUCK 123 Nobel St Brooklyn 22NY0
lICHAET1 KANUCK15 Walter AveHicksvilleNY ANNA BARAN 110 Kent St Brooklyn 22NY REI~ DIEIZ4147 Benham StElmhurst 73NY MARY ANDREYCAK 103 Grand St BrooklynNY
Under the International Claims Settlement Act of 1949 as amended
Claim No CZ-3756
Decision No CZ- 22
GPO 9178bull5
ORDER AND raquoENDED PROPOSED DECISION
This claim originally filed by ANNA KANUCK was denied on
November 13 1959 by a Proposed Decision on the ground that claimant
railed to establish that the property upon which the claim is based
was owned by a United States national on the date of nationalization
or other taking thereof Thereafter the five children of ANDREW
KANUCK and ANNA KANUCK were joined as claimants herein
This is a claim against the Government of Czechoslovakia under
Section 404 Title rv of the International Claims Settlement Act of
1949 as amended in the amount of $1200000 JOHN KANUCK MICHAEL
KANUCK ANNA BARAN and HEIEN DIETZ became nationals of the United
States by naturalization on November 10 1936 April 8 19301
August 9 1938 and by birth in the United States on January 23 19301
respectively MARY ANDREYCAK has railed to establish that she is a
United States national The claim is based upon asserted lliterests
in 10 acres of oak forest and 20 acres ot farmland a house and barn
all situated in Rusks Vola Csechoalovakia
The Commission tilJds that jndrev Iamok (also known as Andrej
Kam1k) oWD84 real propart7 in Baab Yolamp ceabo~ bullbull tollowa
- 2 shy
land register area in interest equivalent of interestliber number sq siah owed in sq siah
9 29800 112 248316 27000 18 337515 55920 130 1864
2 900 11 900 27 101508 hectare 14 8622 or 31125 hectare
25377 II
56502 1t
plus a 112 interest in the house built on the parcel recorded in
land register liber 9 of Ruska Vola as lot 11
Andrew Kanuck died intestate on December 27 1952 and under
Section 526 of Law 14150 ~o the Civil Code of Czechoslovakia
effective on January 1 1951 JOHN KANUCK 14ICHAEL KANUCK ANNA BARAN
and HEIEN DIETZ each inherited a 16 interest in the Estate of Andrew
Kanuck Deceased consisting of the above-mentioned interests in real
property amounting to 09417 hectare of land and a 172 interest in
the house which was taken without compensation by the Government of
Czechoslovakia on February 28 19580
The claim is filed in the amount of $1200000 but clajmants
have failed to submit any evidence to support such allegation
Publication by the Federal Agency for Equalization of Burden
(Bundesausgleichsamt) of the German Federal RepublicJshows that the
average value of farmland in the area where Ruska Vola is situated
was 640 to 850 Reichsmark (16000 to $21250) per hectare Based
upon such information the Commission finds that the value of 09417
hectare (a 16 interest in 56502 hectare) or farmland was $20000
and the value or a l2 interest in the rarmhouse recorded in liber
9 of Ruska Vols as lot 11 WBS $2500 on February 28 1958 the
date or taking thereof the latter finding being based upon information
JVarsa1chn1s der Ge)ll81ndbull-Hektarbullltse Jilt alpbabetischem Kre1averse1chn1a der Vartnlbmlabull1bullbie1e (JJtrt of per Beetarbull Land Values vitb llpbabriioal Llat ot the Coaatriu ot the Expul8ion-eNU)1 Uln Bande11ampDMiger1 1956- Supplement 5 Pbull 280
- 3 shy
and evidence amassed in the course of adjudicating claims against
the Government of Czechoslovakia concerning similar property
Finally the Commission concludes that JOHN KANUCK MICHAEL KANUCK
ANNA BARAN and REIEN DIErZ each is entitled to compensation f or such
loss under Section 404 of the Act
Since Title rJ of the Act provides relief only for nationals
of the United States the claim made by MARY ANDREYCAK is denied
for her failure to esta~lish her alleged United States nationality
The Proposed Decision insofar as it denied the claim of ANNA
KANUCK is affirmedo Although she inherited an interest in the
property upon the death of Andrew Kanuck this interest was not owned
by a United States national on February 28 1958 when the claim
arose and therefore is not compensable under the Acto
The Commission finds it unnecessary to make determinations with
respect to other elements of the claim Accordingly it is
ORDERED that the Proposed Decision of November 13 1959 in this
claim be amended by the foregoing and that awards be granted as
follows
A W A R D S
Pursuant to the provisions of Title rl of the International
Claims Settlement Act of 1949 as amended an avard is hereby made to
JOHN KANUCK in the principal amount of Two Hundred Twenty-five Dollars
($22500) plus interest thereon at the rate of 6 per anrmm from
February 28 1958 to August 81 1958 the effective date of Title IV1
of the Act in the amount of Six Dollars $600) for a total award
of Tvo Hundred Thirty-one Dollars ($23100)
an award is granted to MICHJEL UNUCX in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate ot ~ per anmJm troa Fbullbruar7 28 1958 to JuguSt 8 195S
the ettect1ve date ot Title lV ot ~ joi in tba amount ot Six
($23100)
- 4 shy
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars
an award is granted to ANNA BARAN in the principal amount or
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 pe~ annwn from February 28 1958 to August 8 1958 shy
the effective date of Title rJ of the Act in the amount or Six
Dollars ($600) for a total award of Two Hundred Thirty-one Dollars
($23100)
an a11ard is granted to HELEN DmIZ in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 per annum rrom February 28 1958 to August 8 1958
the effective date of Title IV of the Act in the amount of Six
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars ~
($23100)
Dated at Washington D
c FEB 2 8 1962
( BY DIRZCTION OF THE COl~iilSSION rmiddot
gt bullbull ~middot
middot
Francis T ~Iasterson Clerk of the Commission
effective date of Title IV of the Act
($6 00) for a
- J shy
in the amount of Six Dollars
total award of Two Hundred Thirty-one Dollars ($23100) 0
It is further
ORDERED that the awards as restated IErein be certified to the
Secretary of the Treasuryo
Dated at Washington Da Ca
COMMISSIONERS
r7T11lAT Dr -middot --shy ~VI
bull _ J
FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES
WASHINGTON 25 0 C
IN THE ~ATTER OF THE CLAIM OF
ANNA KANUCK 216 Huron Sto Brooklyn 22N0 Y JOHN KANUCK 123 Nobel St Brooklyn 22NY0
lICHAET1 KANUCK15 Walter AveHicksvilleNY ANNA BARAN 110 Kent St Brooklyn 22NY REI~ DIEIZ4147 Benham StElmhurst 73NY MARY ANDREYCAK 103 Grand St BrooklynNY
Under the International Claims Settlement Act of 1949 as amended
Claim No CZ-3756
Decision No CZ- 22
GPO 9178bull5
ORDER AND raquoENDED PROPOSED DECISION
This claim originally filed by ANNA KANUCK was denied on
November 13 1959 by a Proposed Decision on the ground that claimant
railed to establish that the property upon which the claim is based
was owned by a United States national on the date of nationalization
or other taking thereof Thereafter the five children of ANDREW
KANUCK and ANNA KANUCK were joined as claimants herein
This is a claim against the Government of Czechoslovakia under
Section 404 Title rv of the International Claims Settlement Act of
1949 as amended in the amount of $1200000 JOHN KANUCK MICHAEL
KANUCK ANNA BARAN and HEIEN DIETZ became nationals of the United
States by naturalization on November 10 1936 April 8 19301
August 9 1938 and by birth in the United States on January 23 19301
respectively MARY ANDREYCAK has railed to establish that she is a
United States national The claim is based upon asserted lliterests
in 10 acres of oak forest and 20 acres ot farmland a house and barn
all situated in Rusks Vola Csechoalovakia
The Commission tilJds that jndrev Iamok (also known as Andrej
Kam1k) oWD84 real propart7 in Baab Yolamp ceabo~ bullbull tollowa
- 2 shy
land register area in interest equivalent of interestliber number sq siah owed in sq siah
9 29800 112 248316 27000 18 337515 55920 130 1864
2 900 11 900 27 101508 hectare 14 8622 or 31125 hectare
25377 II
56502 1t
plus a 112 interest in the house built on the parcel recorded in
land register liber 9 of Ruska Vola as lot 11
Andrew Kanuck died intestate on December 27 1952 and under
Section 526 of Law 14150 ~o the Civil Code of Czechoslovakia
effective on January 1 1951 JOHN KANUCK 14ICHAEL KANUCK ANNA BARAN
and HEIEN DIETZ each inherited a 16 interest in the Estate of Andrew
Kanuck Deceased consisting of the above-mentioned interests in real
property amounting to 09417 hectare of land and a 172 interest in
the house which was taken without compensation by the Government of
Czechoslovakia on February 28 19580
The claim is filed in the amount of $1200000 but clajmants
have failed to submit any evidence to support such allegation
Publication by the Federal Agency for Equalization of Burden
(Bundesausgleichsamt) of the German Federal RepublicJshows that the
average value of farmland in the area where Ruska Vola is situated
was 640 to 850 Reichsmark (16000 to $21250) per hectare Based
upon such information the Commission finds that the value of 09417
hectare (a 16 interest in 56502 hectare) or farmland was $20000
and the value or a l2 interest in the rarmhouse recorded in liber
9 of Ruska Vols as lot 11 WBS $2500 on February 28 1958 the
date or taking thereof the latter finding being based upon information
JVarsa1chn1s der Ge)ll81ndbull-Hektarbullltse Jilt alpbabetischem Kre1averse1chn1a der Vartnlbmlabull1bullbie1e (JJtrt of per Beetarbull Land Values vitb llpbabriioal Llat ot the Coaatriu ot the Expul8ion-eNU)1 Uln Bande11ampDMiger1 1956- Supplement 5 Pbull 280
- 3 shy
and evidence amassed in the course of adjudicating claims against
the Government of Czechoslovakia concerning similar property
Finally the Commission concludes that JOHN KANUCK MICHAEL KANUCK
ANNA BARAN and REIEN DIErZ each is entitled to compensation f or such
loss under Section 404 of the Act
Since Title rJ of the Act provides relief only for nationals
of the United States the claim made by MARY ANDREYCAK is denied
for her failure to esta~lish her alleged United States nationality
The Proposed Decision insofar as it denied the claim of ANNA
KANUCK is affirmedo Although she inherited an interest in the
property upon the death of Andrew Kanuck this interest was not owned
by a United States national on February 28 1958 when the claim
arose and therefore is not compensable under the Acto
The Commission finds it unnecessary to make determinations with
respect to other elements of the claim Accordingly it is
ORDERED that the Proposed Decision of November 13 1959 in this
claim be amended by the foregoing and that awards be granted as
follows
A W A R D S
Pursuant to the provisions of Title rl of the International
Claims Settlement Act of 1949 as amended an avard is hereby made to
JOHN KANUCK in the principal amount of Two Hundred Twenty-five Dollars
($22500) plus interest thereon at the rate of 6 per anrmm from
February 28 1958 to August 81 1958 the effective date of Title IV1
of the Act in the amount of Six Dollars $600) for a total award
of Tvo Hundred Thirty-one Dollars ($23100)
an award is granted to MICHJEL UNUCX in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate ot ~ per anmJm troa Fbullbruar7 28 1958 to JuguSt 8 195S
the ettect1ve date ot Title lV ot ~ joi in tba amount ot Six
($23100)
- 4 shy
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars
an award is granted to ANNA BARAN in the principal amount or
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 pe~ annwn from February 28 1958 to August 8 1958 shy
the effective date of Title rJ of the Act in the amount or Six
Dollars ($600) for a total award of Two Hundred Thirty-one Dollars
($23100)
an a11ard is granted to HELEN DmIZ in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 per annum rrom February 28 1958 to August 8 1958
the effective date of Title IV of the Act in the amount of Six
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars ~
($23100)
Dated at Washington D
c FEB 2 8 1962
( BY DIRZCTION OF THE COl~iilSSION rmiddot
gt bullbull ~middot
middot
Francis T ~Iasterson Clerk of the Commission
FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES
WASHINGTON 25 0 C
IN THE ~ATTER OF THE CLAIM OF
ANNA KANUCK 216 Huron Sto Brooklyn 22N0 Y JOHN KANUCK 123 Nobel St Brooklyn 22NY0
lICHAET1 KANUCK15 Walter AveHicksvilleNY ANNA BARAN 110 Kent St Brooklyn 22NY REI~ DIEIZ4147 Benham StElmhurst 73NY MARY ANDREYCAK 103 Grand St BrooklynNY
Under the International Claims Settlement Act of 1949 as amended
Claim No CZ-3756
Decision No CZ- 22
GPO 9178bull5
ORDER AND raquoENDED PROPOSED DECISION
This claim originally filed by ANNA KANUCK was denied on
November 13 1959 by a Proposed Decision on the ground that claimant
railed to establish that the property upon which the claim is based
was owned by a United States national on the date of nationalization
or other taking thereof Thereafter the five children of ANDREW
KANUCK and ANNA KANUCK were joined as claimants herein
This is a claim against the Government of Czechoslovakia under
Section 404 Title rv of the International Claims Settlement Act of
1949 as amended in the amount of $1200000 JOHN KANUCK MICHAEL
KANUCK ANNA BARAN and HEIEN DIETZ became nationals of the United
States by naturalization on November 10 1936 April 8 19301
August 9 1938 and by birth in the United States on January 23 19301
respectively MARY ANDREYCAK has railed to establish that she is a
United States national The claim is based upon asserted lliterests
in 10 acres of oak forest and 20 acres ot farmland a house and barn
all situated in Rusks Vola Csechoalovakia
The Commission tilJds that jndrev Iamok (also known as Andrej
Kam1k) oWD84 real propart7 in Baab Yolamp ceabo~ bullbull tollowa
- 2 shy
land register area in interest equivalent of interestliber number sq siah owed in sq siah
9 29800 112 248316 27000 18 337515 55920 130 1864
2 900 11 900 27 101508 hectare 14 8622 or 31125 hectare
25377 II
56502 1t
plus a 112 interest in the house built on the parcel recorded in
land register liber 9 of Ruska Vola as lot 11
Andrew Kanuck died intestate on December 27 1952 and under
Section 526 of Law 14150 ~o the Civil Code of Czechoslovakia
effective on January 1 1951 JOHN KANUCK 14ICHAEL KANUCK ANNA BARAN
and HEIEN DIETZ each inherited a 16 interest in the Estate of Andrew
Kanuck Deceased consisting of the above-mentioned interests in real
property amounting to 09417 hectare of land and a 172 interest in
the house which was taken without compensation by the Government of
Czechoslovakia on February 28 19580
The claim is filed in the amount of $1200000 but clajmants
have failed to submit any evidence to support such allegation
Publication by the Federal Agency for Equalization of Burden
(Bundesausgleichsamt) of the German Federal RepublicJshows that the
average value of farmland in the area where Ruska Vola is situated
was 640 to 850 Reichsmark (16000 to $21250) per hectare Based
upon such information the Commission finds that the value of 09417
hectare (a 16 interest in 56502 hectare) or farmland was $20000
and the value or a l2 interest in the rarmhouse recorded in liber
9 of Ruska Vols as lot 11 WBS $2500 on February 28 1958 the
date or taking thereof the latter finding being based upon information
JVarsa1chn1s der Ge)ll81ndbull-Hektarbullltse Jilt alpbabetischem Kre1averse1chn1a der Vartnlbmlabull1bullbie1e (JJtrt of per Beetarbull Land Values vitb llpbabriioal Llat ot the Coaatriu ot the Expul8ion-eNU)1 Uln Bande11ampDMiger1 1956- Supplement 5 Pbull 280
- 3 shy
and evidence amassed in the course of adjudicating claims against
the Government of Czechoslovakia concerning similar property
Finally the Commission concludes that JOHN KANUCK MICHAEL KANUCK
ANNA BARAN and REIEN DIErZ each is entitled to compensation f or such
loss under Section 404 of the Act
Since Title rJ of the Act provides relief only for nationals
of the United States the claim made by MARY ANDREYCAK is denied
for her failure to esta~lish her alleged United States nationality
The Proposed Decision insofar as it denied the claim of ANNA
KANUCK is affirmedo Although she inherited an interest in the
property upon the death of Andrew Kanuck this interest was not owned
by a United States national on February 28 1958 when the claim
arose and therefore is not compensable under the Acto
The Commission finds it unnecessary to make determinations with
respect to other elements of the claim Accordingly it is
ORDERED that the Proposed Decision of November 13 1959 in this
claim be amended by the foregoing and that awards be granted as
follows
A W A R D S
Pursuant to the provisions of Title rl of the International
Claims Settlement Act of 1949 as amended an avard is hereby made to
JOHN KANUCK in the principal amount of Two Hundred Twenty-five Dollars
($22500) plus interest thereon at the rate of 6 per anrmm from
February 28 1958 to August 81 1958 the effective date of Title IV1
of the Act in the amount of Six Dollars $600) for a total award
of Tvo Hundred Thirty-one Dollars ($23100)
an award is granted to MICHJEL UNUCX in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate ot ~ per anmJm troa Fbullbruar7 28 1958 to JuguSt 8 195S
the ettect1ve date ot Title lV ot ~ joi in tba amount ot Six
($23100)
- 4 shy
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars
an award is granted to ANNA BARAN in the principal amount or
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 pe~ annwn from February 28 1958 to August 8 1958 shy
the effective date of Title rJ of the Act in the amount or Six
Dollars ($600) for a total award of Two Hundred Thirty-one Dollars
($23100)
an a11ard is granted to HELEN DmIZ in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 per annum rrom February 28 1958 to August 8 1958
the effective date of Title IV of the Act in the amount of Six
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars ~
($23100)
Dated at Washington D
c FEB 2 8 1962
( BY DIRZCTION OF THE COl~iilSSION rmiddot
gt bullbull ~middot
middot
Francis T ~Iasterson Clerk of the Commission
- 2 shy
land register area in interest equivalent of interestliber number sq siah owed in sq siah
9 29800 112 248316 27000 18 337515 55920 130 1864
2 900 11 900 27 101508 hectare 14 8622 or 31125 hectare
25377 II
56502 1t
plus a 112 interest in the house built on the parcel recorded in
land register liber 9 of Ruska Vola as lot 11
Andrew Kanuck died intestate on December 27 1952 and under
Section 526 of Law 14150 ~o the Civil Code of Czechoslovakia
effective on January 1 1951 JOHN KANUCK 14ICHAEL KANUCK ANNA BARAN
and HEIEN DIETZ each inherited a 16 interest in the Estate of Andrew
Kanuck Deceased consisting of the above-mentioned interests in real
property amounting to 09417 hectare of land and a 172 interest in
the house which was taken without compensation by the Government of
Czechoslovakia on February 28 19580
The claim is filed in the amount of $1200000 but clajmants
have failed to submit any evidence to support such allegation
Publication by the Federal Agency for Equalization of Burden
(Bundesausgleichsamt) of the German Federal RepublicJshows that the
average value of farmland in the area where Ruska Vola is situated
was 640 to 850 Reichsmark (16000 to $21250) per hectare Based
upon such information the Commission finds that the value of 09417
hectare (a 16 interest in 56502 hectare) or farmland was $20000
and the value or a l2 interest in the rarmhouse recorded in liber
9 of Ruska Vols as lot 11 WBS $2500 on February 28 1958 the
date or taking thereof the latter finding being based upon information
JVarsa1chn1s der Ge)ll81ndbull-Hektarbullltse Jilt alpbabetischem Kre1averse1chn1a der Vartnlbmlabull1bullbie1e (JJtrt of per Beetarbull Land Values vitb llpbabriioal Llat ot the Coaatriu ot the Expul8ion-eNU)1 Uln Bande11ampDMiger1 1956- Supplement 5 Pbull 280
- 3 shy
and evidence amassed in the course of adjudicating claims against
the Government of Czechoslovakia concerning similar property
Finally the Commission concludes that JOHN KANUCK MICHAEL KANUCK
ANNA BARAN and REIEN DIErZ each is entitled to compensation f or such
loss under Section 404 of the Act
Since Title rJ of the Act provides relief only for nationals
of the United States the claim made by MARY ANDREYCAK is denied
for her failure to esta~lish her alleged United States nationality
The Proposed Decision insofar as it denied the claim of ANNA
KANUCK is affirmedo Although she inherited an interest in the
property upon the death of Andrew Kanuck this interest was not owned
by a United States national on February 28 1958 when the claim
arose and therefore is not compensable under the Acto
The Commission finds it unnecessary to make determinations with
respect to other elements of the claim Accordingly it is
ORDERED that the Proposed Decision of November 13 1959 in this
claim be amended by the foregoing and that awards be granted as
follows
A W A R D S
Pursuant to the provisions of Title rl of the International
Claims Settlement Act of 1949 as amended an avard is hereby made to
JOHN KANUCK in the principal amount of Two Hundred Twenty-five Dollars
($22500) plus interest thereon at the rate of 6 per anrmm from
February 28 1958 to August 81 1958 the effective date of Title IV1
of the Act in the amount of Six Dollars $600) for a total award
of Tvo Hundred Thirty-one Dollars ($23100)
an award is granted to MICHJEL UNUCX in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate ot ~ per anmJm troa Fbullbruar7 28 1958 to JuguSt 8 195S
the ettect1ve date ot Title lV ot ~ joi in tba amount ot Six
($23100)
- 4 shy
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars
an award is granted to ANNA BARAN in the principal amount or
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 pe~ annwn from February 28 1958 to August 8 1958 shy
the effective date of Title rJ of the Act in the amount or Six
Dollars ($600) for a total award of Two Hundred Thirty-one Dollars
($23100)
an a11ard is granted to HELEN DmIZ in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 per annum rrom February 28 1958 to August 8 1958
the effective date of Title IV of the Act in the amount of Six
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars ~
($23100)
Dated at Washington D
c FEB 2 8 1962
( BY DIRZCTION OF THE COl~iilSSION rmiddot
gt bullbull ~middot
middot
Francis T ~Iasterson Clerk of the Commission
- 3 shy
and evidence amassed in the course of adjudicating claims against
the Government of Czechoslovakia concerning similar property
Finally the Commission concludes that JOHN KANUCK MICHAEL KANUCK
ANNA BARAN and REIEN DIErZ each is entitled to compensation f or such
loss under Section 404 of the Act
Since Title rJ of the Act provides relief only for nationals
of the United States the claim made by MARY ANDREYCAK is denied
for her failure to esta~lish her alleged United States nationality
The Proposed Decision insofar as it denied the claim of ANNA
KANUCK is affirmedo Although she inherited an interest in the
property upon the death of Andrew Kanuck this interest was not owned
by a United States national on February 28 1958 when the claim
arose and therefore is not compensable under the Acto
The Commission finds it unnecessary to make determinations with
respect to other elements of the claim Accordingly it is
ORDERED that the Proposed Decision of November 13 1959 in this
claim be amended by the foregoing and that awards be granted as
follows
A W A R D S
Pursuant to the provisions of Title rl of the International
Claims Settlement Act of 1949 as amended an avard is hereby made to
JOHN KANUCK in the principal amount of Two Hundred Twenty-five Dollars
($22500) plus interest thereon at the rate of 6 per anrmm from
February 28 1958 to August 81 1958 the effective date of Title IV1
of the Act in the amount of Six Dollars $600) for a total award
of Tvo Hundred Thirty-one Dollars ($23100)
an award is granted to MICHJEL UNUCX in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate ot ~ per anmJm troa Fbullbruar7 28 1958 to JuguSt 8 195S
the ettect1ve date ot Title lV ot ~ joi in tba amount ot Six
($23100)
- 4 shy
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars
an award is granted to ANNA BARAN in the principal amount or
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 pe~ annwn from February 28 1958 to August 8 1958 shy
the effective date of Title rJ of the Act in the amount or Six
Dollars ($600) for a total award of Two Hundred Thirty-one Dollars
($23100)
an a11ard is granted to HELEN DmIZ in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 per annum rrom February 28 1958 to August 8 1958
the effective date of Title IV of the Act in the amount of Six
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars ~
($23100)
Dated at Washington D
c FEB 2 8 1962
( BY DIRZCTION OF THE COl~iilSSION rmiddot
gt bullbull ~middot
middot
Francis T ~Iasterson Clerk of the Commission
($23100)
- 4 shy
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars
an award is granted to ANNA BARAN in the principal amount or
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 pe~ annwn from February 28 1958 to August 8 1958 shy
the effective date of Title rJ of the Act in the amount or Six
Dollars ($600) for a total award of Two Hundred Thirty-one Dollars
($23100)
an a11ard is granted to HELEN DmIZ in the principal amount of
Two Hundred Twenty-five Dollars ($22500) plus interest thereon at
the rate of 6 per annum rrom February 28 1958 to August 8 1958
the effective date of Title IV of the Act in the amount of Six
Dollars ($6oo) for a total award of Two Hundred Thirty-one Dollars ~
($23100)
Dated at Washington D
c FEB 2 8 1962
( BY DIRZCTION OF THE COl~iilSSION rmiddot
gt bullbull ~middot
middot
Francis T ~Iasterson Clerk of the Commission
top related