---
kind: "section"
citation: "33 C.F.R. § 136.215"
title: "33"
number: "136.215"
heading: "Proof."
url: "https://uscodex.org/cfr/33/136.215"
---

# §136.215. Proof.

- (a) In addition to the requirements of subparts A and B of this part, a claimant must establish—
  - (1) An ownership or leasehold interest in the property;
  - (2) That the property was injured or destroyed;
  - (3) The cost of repair or replacement; and
  - (4) **The value of the property both before and after injury occurred.**
- (b) In addition, for each claim for economic loss resulting from destruction of real or personal property, the claimant must establish—
  - (1) That the property was not available for use and, if it had been, the value of that use;
  - (2) Whether or not substitute property was available and, if used, the costs thereof; and
  - (3) That the economic loss claimed was incurred as the result of the injury to or destruction of the property.

## Notes

### Authority

Authority: 33 U.S.C. 2713(e) and 2714; Sec. 1512 of the Homeland Security Act of 2002, Pub. L. 107-296, Title XV, Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C. 552(d)); E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286, 68 FR 10619, 3 CFR, 2004 Comp., p.166; Department of Homeland Security Delegation No. 0170.1, para. 2(80).

### Source

Source: CGD 91-035, 57 FR 36316, Aug. 12, 1992, unless otherwise noted.