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§ 1497. —  Oyster growers' damages from dredging operations.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 28USC1497]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART IV--JURISDICTION AND VENUE
 
            CHAPTER 91--UNITED STATES COURT OF FEDERAL CLAIMS
 
Sec. 1497. Oyster growers' damages from dredging operations

    The United States Court of Federal Claims shall have jurisdiction to 
render judgment upon any claim for damages to oyster growers on private 
or leased lands or bottoms arising from dredging operations or use of 
other machinery and equipment in making river and harbor improvements 
authorized by Act of Congress.

(June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 97-164, title I, 
Sec. 133(c), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102-572, title IX, 
Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Sec. 250a (Aug. 30, 1935, ch. 
831, Sec. 13, 49 Stat. 1049; July 13, 1943, ch. 231, 57 Stat. 553).
    The proviso at the end of section 250a of title 28, U.S.C., 1940 
ed., is incorporated in section 2501 of this title.
    Words ``river and harbor improvements'' were substituted for ``such 
improvements'', in view of Dixon v. U.S., 103 Ct. Cl. 160, holding that 
words, ``such improvements'' were not limited to the specific 
improvements listed in the 1935 act, but applied to any river and harbor 
improvements.
    Changes were made in phraseology.


                               Amendments

    1992--Pub. L. 102-572 substituted ``United States Court of Federal 
Claims'' for ``United States Claims Court''.
    1982--Pub. L. 97-164 substituted ``growers' '' for ``growers,'' in 
section catchline, and ``United States Claims Court'' for ``Court of 
Claims'' in text.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 
911 of Pub. L. 102-572, set out as a note under section 171 of this 
title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2501 of this title.



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