28 U.S.C. § 1497 — Oyster growers' damages from dredging operations

FEDERAL · 28 U.S.C. · Chapter 91

Oyster growers' damages from dredging operations

Current through Pub. L. 119-102

Title 28 — Judiciary and Judicial Procedure·Ch. 91 — UNITED STATES COURT OF FEDERAL CLAIMS

The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for damages to oyster growers on private or leased lands or bottoms arising from dredging operations or use of other machinery and equipment in making river and harbor improvements authorized by Act of Congress.

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Fisherman's Harvest, Inc., C. Joe Nelson, Jr., Doris Mae Nelson, Vanessa Jo Nelson Vallejo, Vickie Jo Nelson Salazar, and Nelson Fisherman's Harvest, Inc., and Childress Seafood, Inc., W.F. Childress, and Alton Lee Kelly v. Pbs & J (Formerly Known as Espey, Huston & Associates, Inc.), and Bertucci Contracting Corporation, and Luhr Brothers, Inc., and Bradley Industrial Textiles, Inc., and Nicolon Corporation (Also Known as Ten Cate Nicolon), and Huston & Associates, Inc., and Weeks Marine, Inc., Defendant/third Party v. United States Army Corps of Engineers, Third Party

490 F.3d 1371 (Third Circuit, 2007)

2 case citations

In Re Asbestos Litigation

7 F. Supp. 2d 93 (D. Massachusetts, 1998)

1 case citations

Keene Corp. v. United States

28 Fed. Cl. 2035 (Federal Circuit, 1993)

Lapeyrouse

566 F.2d 1192 (Court of Claims, 1977)

Campo v. United States

(Federal Claims, 2021)

Petrovich v. United States

421 F.2d 1364 (Third Circuit, 1970)

Source Credit

History

(June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 97–164, title I, §133(c), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, §902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

Editorial Notes

Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §250a (Aug. 30, 1935, ch. 831, §13, 49 Stat. 1049; July 13, 1943, ch. 231, 57 Stat. 553).
The proviso at the end of section 250a of title 28, U.S.C., 1940 ed., is incorporated in section 2501 of this title.
Words "river and harbor improvements" were substituted for "such improvements", in view of Dixon v. U.S., 103 Ct. Cl. 160, holding that words, "such improvements" were not limited to the specific improvements listed in the 1935 act, but applied to any river and harbor improvements.
Changes were made in phraseology.

Editorial Notes

Amendments
1992—Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court".
1982—Pub. L. 97–164 substituted "growers' " for "growers," in section catchline, and "United States Claims Court" for "Court of Claims" in text.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.