28 U.S.C. § 2409a — Real property quiet title actions
submitted 54 years ago by Pub. L. 92-562 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 940 words · no verdicts yet
This section allows the United States to be sued to decide disputed ownership of real property in which it claims an interest, subject to listed limits. It sets rules about possession, pleadings, timing, state claims, notice, and trials.
(a) The United States may be named as the defendant in a civil case under this section to decide 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. It also does not apply to, or change, cases that 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 may not be deprived of possession or control of the property involved while the case is pending, until there is a final judgment or decree, any appeal ends, and 60 more days pass. If the final decision is against the United States, it may still keep possession or control of all or part of the property if it chooses, but it must pay the person found entitled to it an amount that the district court* decides in the same case is fair compensation for that possession or control.
(c) A court may not issue a preliminary injunction in a case under this section.
(d) The complaint must specifically state the nature of the plaintiff’s claimed right, title, or interest in the property; how the plaintiff acquired it; and the right, title, or interest claimed by the United States.
(e) If, before the trial actually begins, the United States disclaims every interest in the property that is adverse to the plaintiff, and the court confirms the disclaimer by order, the district* court loses jurisdiction unless it has jurisdiction on another ground independent of the authority granted by section 1346(f) of this title.
(f) The court, not a jury, must try a civil case against the United States under this section.
(g) A civil case under this section, except one brought by a State, is barred unless filed within 12 years after the claim arose. The claim is treated as arising when the plaintiff or the plaintiff’s predecessor in interest knew or should have known about the United States’ claim.
(h) A State may not maintain a case under this section concerning United States defense facilities, including land, while the land is being used or is needed by the United States for national defense, as determined by the head of the Federal agency* with jurisdiction over it, if the State filed more than 12 years after it knew or should have known about the United States’ claims. When that use or need ends, the State may dispute title under this section. The agency head’s decision cannot be reviewed by a court.
(i) A State’s case under this section concerning land other than tide or submerged lands is barred unless filed within 12 years after the State received notice of the Federal claims, if the United States, its lessee, or a holder of its right-of-way or easement has made substantial improvements or investments on the land, or the United States has carried out substantial activities under a management plan, such as range improvement, timber harvest, tree planting, mineral activities, farming, wildlife-habitat improvement, or similar activities.
(j) If a final decision in a State case concerning tide or submerged lands is against the United States, and the State filed more than 12 years after receiving notice of the Federal claim, the State takes title subject to any existing lease, easement, or right-of-way if the United States, its lessee, or a holder of its right-of-way or easement made substantial improvements or investments. Any compensation due for that lease, easement, or right-of-way is decided under existing law.
(k) For a State case, notice that starts the time for the claim to arise may be: (1) public communications about the claimed land that are specific enough reasonably to alert the claimant to the Federal claim; or (2) use, occupancy, or improvement of the claimed land that is open and obvious in the circumstances.
(l) For purposes of this section, “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) At least 180 days before bringing a case under this section, a State must notify the head of the Federal agency with jurisdiction over the land. The notice must state the State’s intent to sue, the basis for the suit, and describe the land included.
(n) Nothing in this section permits suits against the United States based on adverse possession.
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).
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.
No preliminary injunction shall issue in any action brought under this section.
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.
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.
A civil action against the United States under this section shall be tried by the court without a jury.
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.
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.
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.
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.
Notice for the purposes of the accrual of an action brought by a State under this section shall be—
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
by the use, occupancy, or improvement of the claimed lands which, in the circumstances, is open and notorious.
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).
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.
Nothing in this section shall be construed to permit suits against the United States based upon adverse possession.
Source credit: (Added Pub. L. 92–562, § 3(a), Oct. 25, 1972, 86 Stat. 1176; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–598, Nov. 4, 1986, 100 Stat. 3351.)
- 1972Enacted · Pub. L. 92-562 · 86 Stat. 1176
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
- 1986Amended · Pub. L. 99-598 · 100 Stat. 3351
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-562 on 1972-10-25.
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