§1910. Civil actions for just compensation by mining claim holders

The holder of any patented or unpatented mining claim subject to this chapter who believes he has suffered a loss by operation of this chapter, or by orders or regulations issued pursuant thereto, may bring an action in a United States district court to recover just compensation, which shall be awarded if the court finds that such loss constitutes a taking of property compensable under the Constitution.

( Pub. L. 94–429, §11, Sept. 28, 1976, 90 Stat. 1344 ; Pub. L. 98–620, title IV, §402(21), Nov. 8, 1984, 98 Stat. 3358 .)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 94–429, which, in addition to enacting this chapter, amended sections 123 and 450y–2 of this title, and repealed sections 350, 350a, 447, and 450z of this title.

Amendments

1984-Pub. L. 98–620 struck out provision which required the court to expedite its consideration of any claim brought pursuant to this section.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.

Cross References

Mineral lands and regulations-

Procurement procedure for patents for any land claimed and located for valuable deposits, see section 29 of Title 30, Mineral Lands and Mining.

Procurement procedure for patents for any nonmineral lands, see section 42 of Title 30.