42 U.S.C. § 1716
Presumption of death or detention
A determination that an individual is dead or a determination that he has been detained by a hostile force or person may be made on the basis of evidence that he has disappeared under circumstances such as to make such death or detention appear probable.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1985–2021 · leading case: City of Williams v. Dombeck, 151 F. Supp. 2d 9 (D.D.C. 2001).
City of Williams v. Dombeck, 151 F. Supp. 2d 9 (D.D.C. 2001). “§ 1716 (b) and that the determination that Alternative H was in the public interest violates 42 U.S.C. § 1716 (a). See Compl, Counts I and II.”
Allene L. DRIVER, Plaintiff/Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Defendant/Appellee, 779 F.2d 509 (9th Cir. 1985). “On February 18, 1982, under section 206 of the War Hazards Compensation Act, 42 U.S.C. § 1716 (1982), the United States Department of Labor issued a Certificate of Presumptive Death to the effect that appellant’s husband is presumed to have died on March 7, 1973, the date on…”
Colorado Wild Pub. Lands, Inc. v. Welch (D. Colo. 2021). “42 U.S.C. § 1716 (a) authorizes federal agencies to swap tracts of federal land for those in private hands if “the public interest will be well served by making that exchange.”
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