[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4581 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4581

  To amend the National Trails System Act relating to the statute of 
              limitations that applies to certain claims.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2005

 Mr. Akin (for himself, Mr. Carnahan, and Mrs. Emerson) introduced the 
 following bill; which was referred to the Committee on Resources, and 
   in addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the National Trails System Act relating to the statute of 
              limitations that applies to certain claims.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Easement Owners Fair Compensation 
Claims Act of 2005''.

SEC. 2. CLAIMS AGAINST UNITED STATES FOR INTERIM USE OF RIGHTS-OF-WAY.

    (a) Amendment to National Trails System Act.--Section 8(d) of the 
National Trails System Act (16 U.S.C. 1247(d)) is amended--
            (1) by striking ``The Secretary of Transportation'' and 
        inserting ``(1) The Secretary of Transportation''; and
            (2) by adding at the end the following:
    ``(2) In any action brought against the United States, by the owner 
of property that is subject to a railroad right-of-way and to interim 
use described in paragraph (1), for damages sustained by reason of 
paragraph (1), the claim for damages shall not be deemed to first 
accrue for purposes of the limitations period prescribed by section 
2501 of title 28, United States Code, before the date on which--
            ``(A) the State, political subdivision, or qualified 
        private organization has, by written agreement, assumed full 
        responsibility for such right-of-way and interim use under 
        paragraph (1); and
            ``(B) the railroad has in writing conveyed an interest in 
        such right of way to such State, political subdivision, or 
        qualified private organization, by donation, transfer, lease, 
        sale, or otherwise.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to any civil action pending on, or commenced on or 
        after, such date of enactment.
            (2) Prior orders vacated upon request.--Any order that--
                    (A) was entered, before the date of the enactment 
                of this Act, by a court in a case pending on such date 
                of enactment, and
                    (B) is inconsistent with the amendments made by 
                subsection (a),
        shall be vacated by the court if, not later than 1 year after 
        such date of enactment, a party to the case or the party's 
        successor in interest files with the court a request for such 
        relief.
    (c) Review by Court of Federal Claims.--
            (1) Review of certain claims.--Notwithstanding any other 
        provision of law, the United States Court of Federal Claims 
        shall review on the merits, without regard to the defense of 
        res judicata or collateral estoppel, any claim that--
                    (A) was brought against the United States, by the 
                owner of property that is subject to a railroad right-
                of-way and to interim use described in paragraph (1) of 
                section 8(d) of the National Trails System Act, for 
                damages sustained by reason of such section 8(d),
                    (B) was dismissed, before the enactment of this 
                Act, for not being brought within the time period 
                provided under section 2501 of title 28, United States 
                Code, and
                    (C) would have been considered to have been brought 
                in a timely manner if the amendments made by subsection 
                (a) had been in effect when the claim was brought,
        if the claimant applies to the court for such review not later 
        than 60 days after the date of the enactment of this Act.
            (2) Action by the court.--In reviewing a claim under 
        paragraph (1), the Court of Federal Claims shall receive and 
        consider any additional evidence, including oral testimony, 
        that any party may wish to provide on the issue of a taking of 
        property without due process of law, and shall determine the 
        issues de novo.
                                 <all>