§7716 — Title 7 Agriculture | U.S. Code

Summary

Owners can sue the United States for fair payment if the government destroys or disposes of their plants, plant pests, plant products, biological control organisms, noxious weeds, articles, or vehicles. They can only get payment if they prove the destruction or disposal was not allowed under the law. Payment does not cover losses from delays while officials decided about import, export, interstate movement, or release. The lawsuit must be filed within 1 year after the destruction or disposal. It can be filed in any U.S. district court where the owner lives, is found, does business, is licensed to do business, or is incorporated.

Title 7, §7716

Agriculture — Source: USLM XML via OLRC

(a)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)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