[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1414 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1414

 To confer upon the United States Court of Federal Claims jurisdiction 
to hear, determine, and render final judgment on any legal or equitable 
 claim against the United States to receive just compensation for the 
    taking of certain lands in the State of Missouri, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 8, 2009

Mrs. McCaskill introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To confer upon the United States Court of Federal Claims jurisdiction 
to hear, determine, and render final judgment on any legal or equitable 
 claim against the United States to receive just compensation for the 
    taking of certain lands in the State of Missouri, and for other 
                               purposes.

    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 ``Fair Compensation Act of 2009''.

SEC. 2. JURISDICTION OF THE UNITED STATES COURT OF FEDERAL CLAIMS TO 
              HEAR, DETERMINE, AND RENDER FINAL JUDGMENT ON ANY LEGAL 
              OR EQUITABLE CLAIM AGAINST THE UNITED STATES TO RECEIVE 
              JUST COMPENSATION FOR THE TAKING OF CERTAIN LANDS IN THE 
              STATE OF MISSOURI.

    Notwithstanding sections 2401 and 2501 of title 28, United States 
Code, or any other law that would interpose or support a defense of 
untimeliness or sovereign immunity, the United States Court of Federal 
Claims shall have jurisdiction to hear, determine, and render final 
judgment on any legal or equitable claim against the United States to 
receive just compensation for the taking by the United States of any 
land in the State of Missouri or any right, title, or other interest 
therein by reason of the decision and notice of interim trail use or 
abandonment authorized by section 8 of the National Trails System Act 
(16 U.S.C. 1247) and decided by the Interstate Commerce Commission on 
March 25, 1992 (in this Act referred to as the ``ICC Decision''), if 
the owner of such interest has not otherwise received payment of just 
compensation by the United States for such taking.

SEC. 3. INTEREST AND COURT AWARDS.

    (a) Interest Allowed.--
            (1) In general.--Notwithstanding section 1961 of title 28, 
        United States Code, as a matter of adequate compensation, the 
        United States Court of Federal Claims may award interest for 
        claims subject to the ICC Decision. Such interest shall be 
        calculated from the date the ICC Decision was decided by the 
        Interstate Commerce Commission, at a rate of 5 percent.
            (2) Computation of interest.--Interest shall be computed 
        daily to the date of payment, and shall be compounded annually.
    (b) Court Awards.--The United States Court of Federal Claims may 
award reasonable costs, disbursements, and expenses under section 
304(a) of the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 (42 U.S.C. 4654(a)) related to any 
claim subject to the ICC Decision, including the costs, disbursements, 
and expenses involved in pursuing such claims in prior proceedings.

SEC. 4. LIMITATIONS ON FILING CLAIMS.

    The jurisdiction conferred upon the United States Court of Federal 
Claims by section 2 is conferred only with respect to those claims 
filed or refiled not later than 120 days after the date of the 
enactment of this Act.

SEC. 5. CERTAIN DEFENSES NOT APPLICABLE.

    With respect to any claim subject to section 2, the United States 
waives its defenses of res judicata, collateral estoppel, and law of 
the case, to the extent the claim would otherwise be timely under this 
Act.
                                 <all>