HR 197
112th CONGRESS
1st Session
H. R. 197
To confer upon the United States Court of Federal Claims jurisdiction
to hear, determine, and render final judgment on any legal or equitable claim
against the United States to receive just compensation for the taking of certain
lands in the State of Missouri, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 6, 2011
Mr. AKIN (for himself and Mr. CARNAHAN) introduced the following bill; which
was referred to the Committee on the Judiciary
A BILL
To confer upon the United States Court of Federal Claims jurisdiction
to hear, determine, and render final judgment on any legal or equitable claim
against the United States to receive just compensation for the taking of certain
lands in the State of Missouri, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. JURISDICTION OF THE UNITED STATES COURT OF FEDERAL CLAIMS TO
HEAR, DETERMINE, AND RENDER FINAL JUDGMENT ON ANY LEGAL OR EQUITABLE CLAIM
AGAINST THE UNITED STATES TO RECEIVE JUST COMPENSATION FOR THE TAKING OF CERTAIN
LANDS IN THE STATE OF MISSOURI.
Notwithstanding sections 2401 and 2501 of title 28, United States Code, or
any other law that would interpose or support a defense of untimeliness or
sovereign immunity, the United States Court of Federal Claims shall have jurisdiction
to hear, determine, and render final judgment on any legal or equitable claim
against the United States to receive just compensation for the taking by the
United States of any land in the State of Missouri or any right, title, or
other interest therein by reason of the decision and notice of interim trail
use or abandonment authorized by section 8 of the National Trails System Act
(16 U.S.C. 1247) and decided by the Interstate Commerce Commission on March
25, 1992 (in this Act referred to as the `ICC Decision'), if the owner of
such interest has not otherwise received payment of just compensation by the
United States for such taking.
SEC. 2. INTEREST AND COURT AWARDS.
(1) IN GENERAL- Notwithstanding section 1961 of title 28, United States
Code, as a matter of adequate compensation, the United States Court of Federal
Claims may award interest for claims subject to the ICC Decision. Such interest
shall be calculated from the date the ICC Decision was decided by the Interstate
Commerce Commission, at a rate of 5 percent.
(2) COMPUTATION OF INTEREST- Interest shall be computed daily to the date
of payment, and shall be compounded annually.
(b) Court Awards- The United States Court of Federal Claims may award reasonable
costs, disbursements, and expenses under section 304(a) of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4654(a))
related to any claim subject to the ICC Decision, including the costs, disbursements,
and expenses involved in pursuing such claims in prior proceedings.
SEC. 3. LIMITATIONS ON FILING CLAIMS.
The jurisdiction conferred upon the United States Court of Federal Claims
by section 1 is conferred only with respect to those claims filed or refiled
not later than 120 days after the date of the enactment of this Act.
SEC. 4. CERTAIN DEFENSES NOT APPLICABLE.
With respect to any claim subject to section 1, the United States waives its
defenses of res judicata, collateral estoppel, and law of the case, to the
extent the claim would otherwise be timely under this Act.
END
