28 U.S.C. § 2409a : US Code - Section 2409A: Real property quiet title actions

Search 28 U.S.C. § 2409a : US Code - Section 2409A: Real property quiet title actions

(a) The United States may be named as a party defendant in a
civil action under this section to adjudicate a disputed title to
real property in which the United States claims an interest, other
than a security interest or water rights. This section does not
apply to trust or restricted Indian lands, nor does it apply to or
affect actions which may be or could have been brought under
sections 1346, 1347, 1491, or 2410 of this title, sections 7424,
7425, or 7426 of the Internal Revenue Code of 1986, as amended (26
U.S.C. 7424, 7425, and 7426), or section 208 of the Act of July 10,
1952 (43 U.S.C. 666).
(b) The United States shall not be disturbed in possession or
control of any real property involved in any action under this
section pending a final judgment or decree, the conclusion of any
appeal therefrom, and sixty days; and if the final determination
shall be adverse to the United States, the United States
nevertheless may retain such possession or control of the real
property or of any part thereof as it may elect, upon payment to
the person determined to be entitled thereto of an amount which
upon such election the district court in the same action shall
determine to be just compensation for such possession or control.
(c) No preliminary injunction shall issue in any action brought
under this section.
(d) The complaint shall set forth with particularity the nature
of the right, title, or interest which the plaintiff claims in the
real property, the circumstances under which it was acquired, and
the right, title, or interest claimed by the United States.
(e) If the United States disclaims all interest in the real
property or interest therein adverse to the plaintiff at any time
prior to the actual commencement of the trial, which disclaimer is
confirmed by order of the court, the jurisdiction of the district
court shall cease unless it has jurisdiction of the civil action or
suit on ground other than and independent of the authority
conferred by section 1346(f) of this title.
(f) A civil action against the United States under this section
shall be tried by the court without a jury.
(g) Any civil action under this section, except for an action
brought by a State, shall be barred unless it is commenced within
twelve years of the date upon which it accrued. Such action shall
be deemed to have accrued on the date the plaintiff or his
predecessor in interest knew or should have known of the claim of
the United States.
(h) No civil action may be maintained under this section by a
State with respect to defense facilities (including land) of the
United States so long as the lands at issue are being used or
required by the United States for national defense purposes as
determined by the head of the Federal agency with jurisdiction over
the lands involved, if it is determined that the State action was
brought more than twelve years after the State knew or should have
known of the claims of the United States. Upon cessation of such
use or requirement, the State may dispute title to such lands
pursuant to the provisions of this section. The decision of the
head of the Federal agency is not subject to judicial review.
(i) Any civil action brought by a State under this section with
respect to lands, other than tide or submerged lands, on which the
United States or its lessee or right-of-way or easement grantee has
made substantial improvements or substantial investments or on
which the United States has conducted substantial activities
pursuant to a management plan such as range improvement, timber
harvest, tree planting, mineral activities, farming, wildlife
habitat improvement, or other similar activities, shall be barred
unless the action is commenced within twelve years after the date
the State received notice of the Federal claims to the lands.
(j) If a final determination in an action brought by a State
under this section involving submerged or tide lands on which the
United States or its lessee or right-of-way or easement grantee has
made substantial improvements or substantial investments is adverse
to the United States and it is determined that the State's action
was brought more than twelve years after the State received notice
of the Federal claim to the lands, the State shall take title to
the lands subject to any existing lease, easement, or right-of-way.
Any compensation due with respect to such lease, easement, or right-
of-way shall be determined under existing law.
(k) Notice for the purposes of the accrual of an action brought
by a State under this section shall be -
(1) by public communications with respect to the claimed lands
which are sufficiently specific as to be reasonably calculated to
put the claimant on notice of the Federal claim to the lands, or
(2) by the use, occupancy, or improvement of the claimed lands
which, in the circumstances, is open and notorious.
(l) For purposes of this section, the term "tide or submerged
lands" means "lands beneath navigable waters" as defined in section
2 of the Submerged Lands Act (43 U.S.C. 1301).
(m) Not less than one hundred and eighty days before bringing any
action under this section, a State shall notify the head of the
Federal agency with jurisdiction over the lands in question of the
State's intention to file suit, the basis therefor, and a
description of the lands included in the suit.
(n) Nothing in this section shall be construed to permit suits
against the United States based upon adverse possession.