§ 2409a. — Real property quiet title actions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2409a]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 161--UNITED STATES AS PARTY GENERALLY
Sec. 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.
(Added Pub. L. 92-562, Sec. 3(a), Oct. 25, 1972, 86 Stat. 1176; amended
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-598,
Nov. 4, 1986, 100 Stat. 3351.)
References in Text
Section 208 of the Act of July 10, 1952, referred to in subsec. (a),
is section 208(a) to (d) of act July 10, 1952, ch. 651, 66 Stat. 560.
Section 208(a) to (c) is classified to section 666 of Title 43, Public
Lands. Section 208(d) is not classified to the Code.
Amendments
1986--Subsec. (a). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986'' for ``Internal Revenue Code of 1954''.
Subsecs. (c) to (n). Pub. L. 99-598 added subsecs. (c) and (h) to
(m), redesignated former subsecs. (c), (d), (e), (f), and (g) as (d),
(e), (f), (g), and (n), respectively, and inserted ``, except for an
action brought by a State,'' in subsec. (g).
Section Referred to in Other Sections
This section is referred to in sections 1346, 1402 of this title.