(a) Recovery actionThe 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; locationAn 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.
Structure US Code
SUBCHAPTER I— PLANT PROTECTION
§ 7711. Regulation of movement of plant pests
§ 7712a. Reduction in backlog of agricultural export petitions
§ 7713. Notification and holding requirements upon arrival
§ 7714. General remedial measures for new plant pests and noxious weeds
§ 7715. Declaration of extraordinary emergency and resulting authorities
§ 7716. Recovery of compensation for unauthorized activities
§ 7717. Control of grasshoppers and Mormon crickets
§ 7718. Certification for exports
§ 7720. National plan for control and management of Sudden Oak Death
§ 7721. Plant pest and disease management and disaster prevention