§ 7716. — Recovery of compensation for unauthorized activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7716]
TITLE 7--AGRICULTURE
CHAPTER 104--PLANT PROTECTION
SUBCHAPTER I--PLANT PROTECTION
Sec. 7716. Recovery of compensation for unauthorized activities
(a) Recovery action
The owner of any plant, plant biological control organism, plant
product, plant pest, noxious weed, article, or means of conveyance
destroyed or otherwise disposed of by the Secretary under section 7714
or 7715 of this title may bring an action against the United States to
recover just compensation for the destruction or disposal of the plant,
plant biological control organism, plant product, plant pest, noxious
weed, article, or means of conveyance (not including compensation for
loss due to delays incident to determining eligibility for importation,
entry, exportation, movement in interstate commerce, or release into the
environment), but only if the owner establishes that the destruction or
disposal was not authorized under this chapter.
(b) Time for action; location
An action under this section shall be brought not later than 1 year
after the destruction or disposal of the plant, plant biological control
organism, plant product, plant pest, noxious weed, article, or means of
conveyance involved. The action may be brought in any United States
district court where the owner is found, resides, transacts business, is
licensed to do business, or is incorporated.
(Pub. L. 106-224, title IV, Sec. 416, June 20, 2000, 114 Stat. 447.)
