Sec. 4. Filing of claim

551 words·~3 min read·/bill/115/hr/3270/ih/section-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

During the 25-year period beginning on the date of the enactment of this Act, a claimant asserting the public acceptance of a right-of-way granted under R.S. 2477 may file a claim under this section. A claimant may file a claim under paragraph

(1)if, before the date of the enactment of this Act, the claimant— filed a notice of an intent to file suit with respect to a claim asserting the public acceptance of a right-of-way granted under R.S. 2477 under section 2409a(m) of title 28, United States Code; or filed suit with respect to a claim asserting the public acceptance of a right-of-way granted under R.S. 2477 under section 2409a(m) of title 28, United States Code. If a claimant files a claim under paragraph

(1)with respect to a claim asserting the public acceptance of a right-of-way granted under R.S. 2477 under section 2409a(m) of title 28, United States Code, any suit filed by or on behalf of the claimant with respect to public acceptance of the right-of-way shall be dismissed with prejudice. Not later than 30 days after the date of the enactment of this Act, the Secretary shall establish a form to be used by claimants for filing claims under this section. A claim filed under subsection (a)(1) shall include— evidence supporting the claim; and proof of notice or attempted notice by the claimant under subsection (d). A claimant shall file a claim in the appropriate State or regional location designated by the Secretary for the filing of claims under this section. Except as provided in paragraph (3), a claimant shall provide notice of the right-of-way claim by— at least once per week during the 2-week period immediately preceding the filing of the claim, publishing in a newspaper authorized to publish public notice under the laws of the State in which the longest lineal part of the claimed R.S. 2477 right-of-way is located, a general summary of the claim, including the location and general description of the claimed R.S. 2477 right-of-way; and not later than 30 days after the date on which the claim is filed, providing, or reasonably attempting to provide, written notice of the claim to all owners of land contiguous to the boundary of the claimed right-of-way. The reasonable attempt of a claimant to provide written notice under paragraph (1)(B) shall be considered to be sufficient notice under this subsection if the claimant files with Secretary verification of the reasonable attempt under written oath or affirmation. Notwithstanding paragraph (1), a claimant shall be considered to have given sufficient notice under this subsection if the claimant provides notice of an intent to file suit with respect to the claimed R.S. 2477 right-of-way under section 2409a(m) of title 28, United States Code, on or after the date of the enactment of this Act. If a claimant fails to comply with the requirements of— subsection (a), the failure shall be considered to be an automatic irrevocable abandonment of any R.S. 2477 right-of-way claim; or subsection (b), (c), or (d), the claim filed by the claimant shall not be processed until the date on which the failure to comply with those subsections is cured. Except as provided in subsection (a)(1), any statute of limitations for asserting the public acceptance of the R.S. 2477 right-of-way under this section is waived.