II 111th CONGRESS 1st Session S. 1414 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.

1.

Short title

This Act may be cited as the Fair Compensation Act of 2009.

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.

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.

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.

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.