II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Compensation 

5 Act of 2009’’. 


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•S 1414 IS

1 SEC. 2. JURISDICTION OF THE UNITED STATES COURT OF 

2 FEDERAL CLAIMS TO HEAR, DETERMINE, 

3 AND RENDER FINAL JUDGMENT ON ANY 

4 LEGAL OR EQUITABLE CLAIM AGAINST THE 

5 UNITED STATES TO RECEIVE JUST COM6 PENSATION FOR THE TAKING OF CERTAIN 

7 LANDS IN THE STATE OF MISSOURI. 

8 Notwithstanding sections 2401 and 2501 of title 28, 

9 United States Code, or any other law that would interpose 

10 or support a defense of untimeliness or sovereign immu11 nity, the United States Court of Federal Claims shall have 

12 jurisdiction to hear, determine, and render final judgment 

13 on any legal or equitable claim against the United States 

14 to receive just compensation for the taking by the United 

15 States of any land in the State of Missouri or any right, 

16 title, or other interest therein by reason of the decision 

17 and notice of interim trail use or abandonment authorized 

18 by section 8 of the National Trails System Act (16 U.S.C. 

19 1247) and decided by the Interstate Commerce Commis20 sion on March 25, 1992 (in this Act referred to as the 

21 ‘‘ICC Decision’’), if the owner of such interest has not oth22 erwise received payment of just compensation by the 

23 United States for such taking. 

24 SEC. 3. INTEREST AND COURT AWARDS. 

25 (a) INTEREST ALLOWED.— 


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•S 1414 IS

1 (1) IN GENERAL.—Notwithstanding section 

2 1961 of title 28, United States Code, as a matter of 

3 adequate compensation, the United States Court of 

4 Federal Claims may award interest for claims sub5 ject to the ICC Decision. Such interest shall be cal6 culated from the date the ICC Decision was decided 

7 by the Interstate Commerce Commission, at a rate 

8 of 5 percent. 

9 (2) COMPUTATION OF INTEREST.—Interest 

10 shall be computed daily to the date of payment, and 

11 shall be compounded annually. 

12 (b) COURT AWARDS.—The United States Court of 

13 Federal Claims may award reasonable costs, disburse14 ments, and expenses under section 304(a) of the Uniform 

15 Relocation Assistance and Real Property Acquisition Poli16 cies Act of 1970 (42 U.S.C. 4654(a)) related to any claim 

17 subject to the ICC Decision, including the costs, disburse18 ments, and expenses involved in pursuing such claims in 

19 prior proceedings. 

20 SEC. 4. LIMITATIONS ON FILING CLAIMS. 

21 The jurisdiction conferred upon the United States 

22 Court of Federal Claims by section 2 is conferred only 

23 with respect to those claims filed or refiled not later than 

24 120 days after the date of the enactment of this Act. 


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•S 1414 IS

1 SEC. 5. CERTAIN DEFENSES NOT APPLICABLE. 

2 With respect to any claim subject to section 2, the 

3 United States waives its defenses of res judicata, collateral 

4 estoppel, and law of the case, to the extent the claim would 

5 otherwise be timely under this Act. 

Æ 


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