7 U.S.C. § 7716: Recovery of compensation for…

Summary

You can sue the United States to get paid back if the Secretary destroyed or got rid of your plants, plant pests, plant products, biological control organisms, noxious weeds, related articles, or vehicles used to move them — but only if you prove the destruction or disposal was not allowed under this law. You cannot recover money for losses caused by delays while officials decided whether the item could be imported, entered, exported, moved between states, or released into the environment. You must file the lawsuit within 1 year after the item was destroyed or disposed of. You may bring the case in any U.S. district court where you are found, live, do business, are licensed, or are incorporated.

Title 7, §7716

Agriculture, Source: USLM XML via OLRC

(a)Recovery action

The owner of any plant, plant biological control organism, plant product, plant pest, noxious weed, article, or means of conveyance destroyed or otherwise disposed of by the Secretary under section 7714 or 7715 of this title may bring an action against the United States to recover just compensation for the destruction or disposal of the plant, plant biological control organism, plant product, plant pest, noxious weed, article, or means of conveyance (not including compensation for loss due to delays incident to determining eligibility for importation, entry, exportation, movement in interstate commerce, or release into the environment), but only if the owner establishes that the destruction or disposal was not authorized under this chapter.

(b)Time for action; location

An action under this section shall be brought not later than 1 year after the destruction or disposal of the plant, plant biological control organism, plant product, plant pest, noxious weed, article, or means of conveyance involved. The action may be brought in any United States district court where the owner is found, resides, transacts business, is licensed to do business, or is incorporated.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this title”, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see

Short Title

note set out under section 7701 of this title and Tables.

§7716 Recovery of Compensation for Unauthorized Activities