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43 U.S.C. § 390uuWaiver of sovereign immunity

submitted 44 years ago by Pub. L. 97-293 to r/title-43-PUBLIC-LANDS · 132 words · no verdicts yet

in plain englishAI-generated · not legal advice

The United States agrees to be sued as a needed defendant in reclamation-contract lawsuits. It cannot claim sovereign immunity and must follow judgments like a private party would. Such suits can be filed in the federal district court for the state where the land lies.

Consent is given to bring the United States into any lawsuit as a necessary defendant, when that suit seeks to work out, confirm, validate, or set by court decree the contract rights between a contracting entity and the United States under any contract made under federal reclamation law. When the United States is a party to such a suit, it is treated as having given up any claim that it can't be sued because of its sovereignty. It must accept the court's judgments, orders, and decrees, and may appeal them, the same way a private person could in similar circumstances. Such a lawsuit may be filed in any United States district court in the state where the land at issue is located.
the actual law source: uscode.house.gov ↗public domain

Consent is given to join the United States as a necessary party defendant in any suit to adjudicate, confirm, validate, or decree the contractual rights of a contracting entity and the United States regarding any contract executed pursuant to Federal reclamation law. The United States, when a party to any suit, shall be deemed to have waived any right to plead that it is not amenable thereto by reason of its sovereignty, and shall be subject to judgments, orders, and decrees of the court having jurisdiction, and may obtain review thereof, in the same manner and to the same extent as a private individual under like circumstances. Any suit pursuant to this section may be brought in any United States district court in the State in which the land involved is situated.

Source credit: (Pub. L. 97–293, title II, § 221, Oct. 12, 1982, 96 Stat. 1271.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 97-293 · 96 Stat. 1271

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-293 on 1982-10-12.

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