I 
111TH CONGRESS 
1ST SESSION H. R. 3122 
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 HOUSE OF REPRESENTATIVES 
JULY 8, 2009 
Mr. CARNAHAN (for himself and Mr. AKIN) introduced the following bill; 
which was 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 judg-
ment 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. 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 COM-
PENSATION 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 immu-
nity, 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 Commis-
sion on March 25, 1992 (in this Act referred to as the 
‘‘ICC Decision’’), if the owner of such interest has not oth-
erwise received payment of just compensation by the 
United States for such taking. 
SEC. 2. INTEREST AND COURT AWARDS. 
(a) INTEREST ALLOWED.— 
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(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 sub-
ject to the ICC Decision. Such interest shall be cal-
culated 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, disburse-
ments, and expenses under section 304(a) of the Uniform 
Relocation Assistance and Real Property Acquisition Poli-
cies Act of 1970 (42 U.S.C. 4654(a)) related to any claim 
subject to the ICC Decision, including the costs, disburse-
ments, and expenses involved in pursuing such claims in 
prior proceedings. 
SEC. 3. LIMITATIONS ON FILING CLAIMS. 
The jurisdiction conferred upon the United States 
Court of Federal Claims by section 1 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. 
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SEC. 4. CERTAIN DEFENSES NOT APPLICABLE. 
With respect to any claim subject to section 1, 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. 
Æ 
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