Chapter 7 - § 7.1 • REAL PROPERTY QUIET TITLE ACTIONS WHEN THE UNITED STATES IS A PARTY

• Jurisdiction: Colorado

§ 7.1 • REAL PROPERTY QUIET TITLE ACTIONS WHEN THE UNITED STATES IS A PARTY

When the United States government is a party with an interest in the property in dispute, the situation is far from ideal and prevailing in the case will be quite challenging. After all, the United States benefits from sovereign immunity. While this is true, Congress created the federal Quiet Title Act,¹ a limited waiver of sovereign immunity that allows citizens or states to name the United States as a party defendant in certain circumstances. Congress intended the federal Quiet Title Act to avoid threats to ongoing federal activities on property as to which title is disputed, and to provide the exclusive means by which adverse claimants can challenge the United States' title to real property.²

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Notes:

^[1] 28 U.S.C. § 2409a.

^[2] United States v. Mottaz, 476 U.S. 834 (1986)...