WASHINGTON - Justice . 25, 0. C. IN . THE MATTER OP' THE . ... ($231.00) ~ an award is granted ......

7
FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES WASHINGTON 25, 0. C. IN THE MATTER OP' THE CLAIM OF ANNA KANUCK, 216 Huron Brooklyn 22, N. Y. JOHN KANUCK, 123 No bel St8, Brqoklyn 22, N. Y. MICHAEL KANUCK, 15 Walter Ave.,Higksville,N 0 Y 0 Claim No. CZ-3756 ANNA BARAN, 110 Kent St., Brooklyn 22, N. Y. HELEN DIETZ , 4147 Benham St !>, Elmh urst 73, N oY o Decision No. CZ-22 MARY ANDREYCAK, 103 Grand St (), B rooklyn, No Y 0 Under the International Claims Settlement Act of 1949, as amended FINAL DECISION The Commission issued an Ord er and Amended Proposed Decision on this claim on February 28 9 1962, granting avards to 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 wa s denied for her failure to establish her alleged United States citi z enship. 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 als o upon evidence already on record, the Commission finds that MARY ANDREYCAK ovned a 1/6 interest in real prop- erty, recorded in land register libers 9, 16, 15, 2 and 27 of Ruska Vola, Czechoslovakia, amounting to 0.,9417 hectare or land and a 1/72 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 $225.00 on the date of taking thereof, and such finding is based upon informatio n and evidence amassed in the course or adjudicating claims against the Government of CsechoaloYakia concerning similar propertyG Finally, the Commission concludes that JIARI AIDR!!CJI is entitled to compensation for such loss under Section 404 or tile Aot.

Transcript of WASHINGTON - Justice . 25, 0. C. IN . THE MATTER OP' THE . ... ($231.00) ~ an award is granted ......

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