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FOREIGN CLUMS SBHLDmRT CCHilSSION

OF THE UBITED STATES

Washington 25, D. c•

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In the Matter or the Claim or

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Decision having been given by posting for thirt7 days, it is

ORDERED that such Amended Proposed Decision be and the same ie

hereby entered as the .Final Decision on this claila, and it is further

ORDERED that the awards granted therein be certif'ied to the

Secretary o! the Treasury.

MAY 111959

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FOREIGN CLl.DS SE'fTLEMENT COMMISSIC!I

OF THE UNITED STATES

Wash1ngten 25, De c.

In the Matter of the Claim of :

JoSEPH BENGl {Senior) ••41 Louis Street

Carteret, Nev-Jersey ..• MARTA BEBGl ••724 Lee Street

Perth Amboy, New Jersey ••

MARTHA SCHWAB /.,,,-· •• Rock Tanrn

Orange County, Nev York ••

JOSEPH BENGl (Junior) __,,,, : Claim Noo HUNG-20,782 United States ~ Buildjng ~4-R-2 •• J.scbaffenburg, GerJDan1: Decision No. HUNG-1D5 (A)

•• IRENE M. MA.CK

6 Weyant Terrace ..•Highland Falls, Nev York

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JOlli BERGA

Apagy, Szabolcs Megye1 Hungary -- •• ELIZABP:!H BAI.TNT ••

2 Longview Road

Old Bridge, Bev Jersey "•

MlRJ.l SZIGETI

4L Louis Street

Carteret, New Jersey :

..Under the International Claims Settlement • .Act of 1949, as amended

--------------------------------------: Counsel for Claimants:

Robert Louis Brow., Esquire

46 Roosevelt Avenue

Carteret, Bew Jersey-

Thia is a cla1• against the Go'Y8rD118nt or Bang&r7 origjna117 tiled by J'OSKPJI BllGI., (Senior), a citisen or the Uaited State• siaoe tJae ..te ot bis naturalisation on Jw 7, 1954, vMer 88GtioJi 3Q3(2) et -U. Iater

..tion•l Cla,•a S.ttl••at Act •t 19491 •• -adM, ter tM '\•JdRI et

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By Proposed Decision HUNG-ll35, dated May 21, 1958, the claim was

denied for the reason that it had not been established that the claim

was owned by a United States national at the t~ it arose 0

On the basis of additional evidence received, the Commission now

finds that a portion of the property .u:ivolved in the claim, consisting

of 11 hold 154 -2.J: of £armland and pasture land, recorded in liber No. 430

of Petnehaza, Hungary, as ~ots 661/1, 658/l, 659/1, and 660/1, and or the

value of Two Thousand Seven Hundred Dollars ($2,?00oOO), was taken by the

Government of Hungary without compensation to the owners pursuant to Law

Decree 1949:3 tvro, on or about October 9, 1950. The Commission £urther

finds that at the time of such taking, the property was o:wned as follows:

one-half by MA.RTJ. BENGA., the wife of JOSEPH BENGl (~nior), and allegedly

a citizen of the United_ States since the date of her naturalization on

June 4, 1956, and one-half in equal shares by the six children of JOSEPH

BENGl (Senior), namely, M&RrHl SCHWAB, JOSEPH BENGl (Junior), IRENE M.

MACK, JOHN BENGA, ELIZABETH BAT.JNT,and MlRil SZIGETio Except for MlRI.l

SZIGETI, the above-named children have been nationals or the United States since the dates of their birth in the United States on December 10, 1918,

March 28, 1921, February 4, 1923, August 18, 1924, and December 17, 1926,

respectively.

The Commission finds that the record fails to establish that JCSEPH

BENGA, {Senior), owned any part of the property in question at the time of

loss. Therefore, his claim for compensation is hereby deniedo

Under veil-established principles of international law, in order for a

claim espoused by the United States to be compensable, the prepert7 upon

which it is based must have bean owned b7 a United States national at the

time the loas occurred, and the claim ariaing as a result of such loss murt

have been owned oontinuousl.y thereafter b7 a United State• national.

The record diacloaea that MIRl'A BllGl olai•• United State• na"tieuliV

ailaoe Jw. 4, 1956, a date nbMquent to the taldng ot th8 pitoperQ°• !lie

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CoJ11Dission finds that it has not been established that she was a United

States national at the time the claim arose. Therefore, her c]ajm is

hereby denied.

The Oonnn~ssion further finds that MlRIA SZIGETI, a United States

national at the tme of her birth in the United States on March n, 1916, I

expatriated herself under the provisions of Section 40l(e) Chapter IV of

the Naturalization Act of 1940, prior to the filing of the claim herein.

Accordingly, her claim is hereby denied, because of lack of continuous

ownership by a United States national since it aroseo

The Commission concludes that each of the remaining five children of

J~H HENG&, (Senior) is entitled to an award under Section 303(2) of the

Act in an amount equal .

to one-twelfth of the value of the property taken.

The portion of the claim which is based upon property other than that

described above, is denied for the reason that the record fails to establish

the olilllership, value, or loss of such other propertyo

AW.I.RDS

Pursuant to the provisions of the International Claims Settlement

..let of 1949, as amended, this claim is allowed in part, and an award is

hereby made to MARTHA SCHWAB in the amount of Two Hundred Twenty-Five Dollars

($225.00) plus interest thereon at the rate of 6% per annum from October 9,

1950 to .l.ugust 9, 1955, the effective date of the Act, in the amount of

Sixty-Five Dollars and Twenty-Five Cents ($65025);

and an avard is hereby made to JOSEPH BENGA. {Junior) in the amount of

Two Hundred Twenty--Five Dollars ($225.00) plus interest thereon at the rate

of 6% per annma from October 9, 1950 to August 9, 1955, the effective date

o! the Act, in the amount of Sixty-Five Dollars and Twenty-Five Cents

($65.25); and an award is hereby made to IRBNB M. Ml.CI in the amount ot 1'vo

Hundred Tvanty-ftw Dollars ($22;.oo) plus interest thereon at the rate of

6% per annua tram October 9, 1950 to .A.uguat 9, 1955, the e.tteotiw daw et

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the .lot, in the amount o:f Sixty-Five Dollars and Twenty-Five Cents ($65.25);

and an award is hereby made to JOHN BENGl. in the amount of Two Hundred

Twenty-Five Dollars ($225.00) plus interest thereon at the rate of 6% per

annum from October 9, 1950 to August 9, i955, the effective date of the

Act, in the amount of Sixty-Five Dollars and Twenty-Five Cents ($65.25);

and an award is hereby made to EIJZABETH BAT.INT in the amowit of Two

Hundred Twenty-Five Dollars ($225.00) plus interest thereon at the rate

of 6% per annum from October 9, 1950 to August 9, 1955, the effective

date of the Act, in the amount of Sixty-Five Dollars and Twenty-Five Cents

($65.25).

Payment of any part of these awards shall not be construed to have

divested claimants herein or the Government of the United States, on their

behalf, of any rights against the Government of Hungary for the unpaid bal

ance of the claim, if any.

Dated at Washington, D. C.

MAR 23 1959

FOR THE COMMISSION:

William Barrett, Acting Director Balkan Claims Division

FOREIGN CLAIMS SETTLEMENT COMMISSION

OF THE UNITED STATES

WASHINGTON 25, 0. C.

IN THE MATTER OF! THE CLAIM OF

JCSEPH BB:NGA Claim No. HUNG-20, 782RD 11 Box 265 Pittstown, New Jersey

Decision No. BURG- / / ~.6 .

Under the International Claims Settlement

Act of 1949, as amended

GPO 16-72126- 1

PROPOSED DECISIQl

This is a claim against the Government of Hungary under Secticm

303(2) of the International Clai•s Settlement Act ot 1949, as am.ended.

According to claimant's statement, certain propert7 forming the basis

ot the claim was nationalized, or otherwise taken trca the cla:iunt

by- the Government or Hungary in 1949 or 19SO. Clai•ant became a

naticmal of the United States b1' naturalisation on Jme 7, 19Sb.

Section 303(2) of the Act provides, inter alla, tar the receipt

and determination bJ' the CQDll1 asian in accordance with applicable

aubstantive law, including iDtemational law, or the validity and amounts of claims ~ nationals of the United states against the

Government ot Hungary, arising out ot the failure or such govemaent

to pq effective ccmpensation tor the naticmal isaticm, canpulso17

liquidation, or other taJdng, prior to August 91 19.SS, ot the

propert7 of nationals ot the United States iD B11DIU7•

In order for a cla1• to be caapenaable wndar Secticn 303(2) ot

the .&.ct,. in accordance with well established principles ~ iaternat:Lmal law, tbe propertJ" upca which the clai• i• baaed awrt; hoe beea cimed

1b.r a naticnal or aaticmal • at tJte United state• at the t rn ~ 1•••• ad the ola1• which aroae trm •wm 1••• aut b&Y• b1e11 cmaed lr • llaited St.at.a naticma' or natieal• em'tinuoull' ~.

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cl•'• wu omied ~a United st.ates naticmal at the time that it aroee.

Aco~, the cl•1• i• denied. The C•w 1 ald.cn finds it, lmDeceell&l'J'

w mke detendnaticna with respect 'to other elaaeata ot the cl•1•.

Dated at Yasbingtcll, D. c.

MAY !11958

Balkan Clai•• J>irtaicm U"'I.......... G. Bean, ector