Chapter 7 - § 7.2 • LIMITED WAIVER OF SOVEREIGN IMMUNITY — SCOPE AND EXCLUSIONS

• Jurisdiction: Colorado

§ 7.2 • LIMITED WAIVER OF SOVEREIGN IMMUNITY — SCOPE AND EXCLUSIONS

Subject to certain exceptions, the federal Quiet Title Act operates as a limited waiver of the government's sovereign immunity when a party seeks to adjudicate a disputed title to real property in which the United States claims an interest. The federal Quiet Title Act places substantive and procedural limitations and requirements on quiet title actions against the United States.

When constructing the federal Quiet Title Act, Congress went to great lengths to ensure that courts narrowly construed the scope of the United States' waiver of sovereign immunity. In this vein, there are numerous exceptions contained within the statute that restrict the use and application of the waiver. If the United States has a security or water rights interest in real property, a quiet title action cannot be brought against the United States under the federal Quiet Title Act.³ Also, adverse possession claims against the United States cannot be brought under the federal Quiet Title Act.⁴

The federal Quiet Title Act does not apply to "trust or restricted Indian lands" or any actions that "may be or could have been brought" under one of the following:⁵

• Any civil action commenced by a tenant in common or joint tenants for the partition of lands where the United States is one of the tenants in common or joint tenants.⁶
• Any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.⁷
• Civil actions affecting property on which the United States has a lien.⁸
• Civil actions in which the United States is not a party that allow the United States to intervene in such action or suit to assert any lien arising under title on the property that is the subject of such action or suit.⁹
• A judgment in any civil action or suit affecting property on which the United States has a lien, or any sale of property on which the United States has or claims a lien.¹⁰
• Civil actions brought by persons other than taxpayers, such as wrongful levy.¹¹
• Suits for the adjudication of rights to the use of water of a river system or other source or the administration of such rights where it appears that the United States is the owner of or is in the process of acquiring water rights by appropriation, purchase, exchange,

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