Chapter 7 - § 7.5 • OTHER PROCEDURAL ASPECTS

• Jurisdiction: Colorado

§ 7.5 • OTHER PROCEDURAL ASPECTS

While 28 U.S.C. § 1346(f) grants federal district courts exclusive original jurisdiction over civil actions brought under the federal Quiet Title Act,²⁹ the U.S. Supreme Court has held this grant is not truly one of "exclusive" original jurisdiction. This is because the U.S. Supreme Court's original jurisdiction cannot be divested.³⁰

Before 1986, due to this grant of exclusive jurisdiction³¹ and the fact that federal district court jurisdiction is derivative, a district court did not have jurisdiction to hear an action to quiet title against the United States that had been removed from state court. The removal statute³² was amended in 1986 to read: "The court to which such civil action is removed is not precluded from hearing and determining any claim in such civil action because the State court from which such civil action is removed did not have jurisdiction over that claim."³³ This change effectively allows district courts to hear civil actions removed from state courts despite the fact that state courts do not have jurisdiction over quiet title actions adverse to the United States.

When a complaint is filed it must state the nature of the right, title, or interest the plaintiff claims in the real property, the circumstances under which it was acquired, and the right, title, or interest claimed by the United States.³⁴ If a state plans to file a complaint under the federal Quiet Title Act, it is required to give 180 days' notice to the head of the federal agency with jurisdiction over the lands before filing a complaint.³⁵ Also, 28 U.S.C. § 2409a(c) explicitly states that no preliminary injunction can be issued in an action brought under the federal Quiet Title Act. Should the civil action progress, the case can be tried by the court without a jury.³⁶

There are multiple tools the United States can use to prevent or stop the civil action from proceeding to a trial by the court. The United States can disclaim all interest in the real property before the commencement of the trial, which makes the action moot and effectively removes the district court's jurisdiction over the matter.³⁷ If a state brings a civil action, the head of the federal agency with jurisdiction over the lands involved can make the non-reviewable determination that the lands at issue are being used or required by the United States for national defense purposes.³⁸ Once the lands are no longer used or required for national defense purposes, the state may...