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.