[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3478 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3478
To amend the National Trails System Act relating to the statute of
limitations that applies to certain claims.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2006
Mr. Bond (for himself and Mr. Talent) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
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 2006''.
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.
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