Page:United States Statutes at Large Volume 86.djvu/1218

 1176

PUBLIC Li* W 92-562-OCT. 25, 1972

[86

STAT.

Public Law 92-562 October 25, 1972 [S. 216]

Real property quiet title actions. Adjudication. 62 Stat. 933; 80 Stat. 1148. Jurisdiction. Infra.

62 Stat. 970; 80 Stat. 304. 28 USC 2401.

68 Stat. 1241; 84 Stat. 449. 80 Stat. 1140. 66 Stat. 560.

Supra,

AN ACT To permit suits to adjudicate certain real property quiet title actions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,, That section 1346 of title 28, United States Code^ is amended by adding at the end thereof the following new subsection: " (f) The district courts shall have exclusive original jurisdiction of civil actions under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States." SEC. 2. Section 1402 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: " (d) Any civil action under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States shall be brought in the district court of the district where the property is located or, if located in diiferent districts, in any of such districts." SEC. 3. (a) Chapter 161 of title 28, United States Code, is amended by adding after section 2409 of such title the following new section: " (a) The United States may be named as a party defendant in a civil action under this section to adjudicate a disputed title to real property in which the United States claims an interest, other than a security interest or water rights. This section does not apply to trust or restricted Indian lands, nor does it apply to or affect actions which may be or could have been brought under sections 1346, 1347, 1491, or 2410 of this title, sections 7424, 7425, or 7426 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 7424, 7425, and 7426), or section 208 of the Act of July 10, 1952 (43 U.S.C. 666). " (b) The United States shall not be disturbed in possession or control of any real property involved in any action under this section pending a final judgment or decree, the conclusion of any appeal therefrom, and sixty days; and if the final determination shall be adverse to the United States, the United States nevertheless may retain such possession or control of the real property or of any part thereof as it may elect, upon payment to the person determined to be entitled thereto of an amount which upon such election the district court in the same action shall determine to be just compensation for such possession or control. "(c) The complaint shall set forth with particularity the nature of the right, title, or interest which the plaintiff claims in the real property, the circumstances under which it was acquired, and the right, title, or interest claimed by the United States. " (d) If the United States disclaims all interest in the real property or interest therein adverse to the plaintiff at any time prior to the actual commencement of the trial, which disclaimer is confirmed by order of the court, the jurisdiction of the district court shall cease unless it has jurisdiction of the civil action or suit on ground other than and independent of the authority conferred by section 1346(f) of this title. "(e) A civil action against the United States under this section shall be tried by the court without a jury.
 * '§ 2409a. Real property quiet title actions

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