S. 3478Senate109th Congress (2005-2007)In Committee

Easement Owners Fair Compensation Claims Act of 2006

Introduced June 8, 2006

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Energy and Natural Resources.

June 8, 2006

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SenateIntro Referral

Introduced in Senate

June 8, 2006

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S5661)

June 8, 2006

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

June 8, 2006

Floor Debate

6 members

What members said about S. 3478 on the floor

2 Republicans4 Democrats
Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · Jun 8, 2006

Mr. President, I rise today to introduce, along with my colleague from Nevada, Senator Ensign, the ``National Innovation Education Act''. The intent of this bill is to enhance our science and…

John F. Kerry
Sen. John F. KerryD-MA · Jun 8, 2006

Mr. President, June brings the beginning of the 2006 Atlantic Hurricane season, and according to the National Oceanic and Atmospheric Administration, we can expect it to be a busy one. The…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Jun 8, 2006

Mr. President, today I am reintroducing the Government Credit Card Abuse Prevention Act to address, in a comprehensive way, the abuse, misuse, and fraud that has occurred with Government charge…

Tom Harkin
Sen. Tom HarkinD-IA · Jun 8, 2006

Mr. President, today I am pleased to introduce the Menu Education and Labeling Act of 2006, along with my colleague, Senator Cantwell of Washington. Our bill would extend the successful nutrition…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Jun 8, 2006

Mr. President, today's headline is sad and stunning. The VA Secretary now reports that 2.2 million active-duty military personnel were also exposed in the massive security breach at VA on May 3. This…

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Christopher S. Bond
Sen. Christopher S. BondR-MO · Jun 8, 2006

Today, I and Senator Jim Talent introduce the Easement Owners Fair Compensation Act of 2006. This bill will right a wrong done to property owners from whom the government took property without…

Bill Text

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Introduced in SenateIssued June 8, 2006

II

109th CONGRESS

2d Session

S. 3478

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.

1.

Short title

This Act may be cited as the Easement Owners Fair Compensation Claims Act of 2006.

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.