§ 1497. Oyster growers’ damages from dredging operations

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 1497
June 25, 1948, ch. 646, 62 Stat. 941
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 941
1982
Federal Courts Improvement Act of 1982
Pub. L. 97–164 title I § 133(c) · 96 Stat. 25
1. Substituted · 28 U.S.C. § 1497
  Pub. L. 97–164 substituted “growers’ ” for “growers,” in text
2. Substituted · 28 U.S.C. § 1497
  Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims” in text
Source evidence
Code amendment note
Pub. L. 97–164 substituted “growers’ ” for “growers,” in section catchline, and “United States Claims Court” for “Court of Claims” in text.
Enacted provision · exact public law section
(c) (1) Sections 1494, 1495,1496, and 1497 of title 28, United States Code, are amended by striking out “Court of Claims” each place it appears and inserting in lieu thereof “United States Claims Court”. (2) The section heading of section 1497 of title 28, United States Code, is amended by striking out “growers,” and inserting in lieu thereof “growers”
1992
Court of Federal Claims Technical and Procedural Improvements Act of 1992
Pub. L. 102–572 title IX § 902(a)(1) · 106 Stat. 4506
Substituted · 28 U.S.C. § 1497
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”
Source evidence
Code amendment note
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
Enacted provision · exact public law section
(1) by striking “United States Claims Court” each place it appears and inserting “United States Court of Federal Claims”; and
Effective date note
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.

3 of 4 references resolved to an enrolled provision · 1 partial

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

Amendments1982–1992 · 2 rounds

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.

Credits

1948–1992 · 3 acts

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

Show as published

(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.)