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7 U.S.C. § 7716 — Recovery of compensation for unauthorized activities

submitted 26 years ago by Pub. L. 106-224 to r/title-7-AGRICULTURE · 185 words · no verdicts yet

in plain englishAI-generated · not legal advice

An owner may sue the United States for compensation when the Secretary destroyed or disposed of covered property, but only by proving the action was unauthorized. The suit must be filed within one year in a qualifying district court.

(a) Recovery action. The owner of a plant, biological control organism, plant product, plant pest, noxious weed, article, or means of conveyance that the Secretary destroyed or disposed of under section 7714 or 7715 may sue the United States for just compensation. The suit cannot seek compensation for delay-related loss while import, entry, export, interstate movement, or environmental-release eligibility was decided. The owner must prove the destruction or disposal was not authorized by this chapter.

(b) Time and location. The suit must be filed within one year after the destruction or disposal. It may be filed in any United States district court where the owner is found, lives, does business, is licensed to do business, or is incorporated.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 106–224, title IV, § 416, June 20, 2000, 114 Stat. 447.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-224 · 114 Stat. 447

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-224 on 2000-06-20.

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