Chapter 7 - § 7.4 • TWELVE-YEAR STATUTE OF LIMITATIONS

• Jurisdiction: Colorado

§ 7.4 • TWELVE-YEAR STATUTE OF LIMITATIONS

28 U.S.C. § 2409a(g) sets a 12-year statute of limitations for individuals to file quiet title actions against the United States. The statute of limitations accrues when the plaintiff or his predecessor in interest knew or should have known of the United States' claim.¹⁶ Because this is a statutorily created waiver of the United States' sovereign immunity, the statute of limitations has been very narrowly construed in favor of the United States¹⁷ and exceptions are not lightly implied.¹⁸

The "knew or should have known" requirement that causes the accrual of an action imports a requirement of reasonable notice of the United States' claim to the plaintiff. Only if an individual knew or if it is unreasonable for the individual to have failed to discover the United States' claim should the action accrue.¹⁹ This determination is fact specific, but simply because the United States has taken a position in prior cases of "historical notoriety" does not mean that landowners should have known of the United States' claim.²⁰ Some instances that can cause accrual of an action are the following: physical manifestation of the United States' interest,²¹ recording of the United States' interest,²² and the plaintiff's conveyance to the United States.²³

The statute of limitations and notice requirements for state quiet title actions against the United States are laid out in 28 U.S.C. § 2409a(i)-(l). With the exception of "tide or submerged lands," states are required to commence quiet title actions against the United States within 12 years of receiving notice of the federal claims to the land.²⁴ The United States can give states notice by public communications that are sufficiently specific as to be reasonably calculated to put the claimant on notice of the federal claim or by the open and notorious use, occupancy, or improvement of the claimed lands.²⁵

"Tide and submerged lands" are defined as lands beneath navigable waters as defined in the Submerged Lands Act.²⁶ If a final determination involving submerged or tide lands on which the United States, its lessee, or right-of-way, or easement grantee has made substantial improvements or investments is adverse to the United States and the state's action was brought more than 12 years after the state received notice of the federal claims to the lands, the state will take title to the lands subject to any existing lease, easement, or right-of-way.²⁷ Compensation due with respect to...