KSC, TITLE 6.  THE JUDICIARY
 
Chapter 26.  Action Against Government

Section 6.2601.  Action against the Government.
Section 6.2602.  Extent of jurisdiction.
Section 6.2603.  Payment.
Section 6.2604.  Accrual of cause of action.
Section 6.2605.  Government action.

      Section 6.2601.  Action against the Government.

     (1)  A person may bring the following actions against the Government in the Court, which has exclusive original jurisdiction of the actions:

     (a)  an action for the recovery of a tax alleged to have been erroneously or illegally collected, a penalty claimed to have been collected without authority, or money alleged to have been wrongfully collected as a tax;

     (b)  an action founded upon a law, or regulation issued pursuant to law, upon an express or implied contract with the Government, or for liquidated or unliquidated damages in an action other than tort; or

     (c)  an action for monetary damages, for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of Government employee acting within the scope of office or employment, under circumstances in which the Government, if a private person, would be liable to the claimant.

     (d)  An action for an injury resulting from conduct of a Government officer, employee or agent acting under color of authority in violation of a right stated in Article II of the Constitution.

     (2)  Recovery in action stated in paragraphs (c)  and (d) of paragraph (1) does not exceed one hundred thousand dollars.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.

      Section 6.2602.  Extent of jurisdiction.
       In a proceeding pursuant to this section the Court's jurisdiction extends to a set-off, counterclaim or other claim or demand on the part of the Government, or a properly joined party against a plaintiff, and on the part of a defendant, or a properly joined party against the Government.

      Section 6.2603.  Payment.
       A payment of a judgment, rendered pursuant to this section is with funds appropriated by law.

      Section 6.2604.  Accrual of cause of action.
       An action based on this chapter is valid only if the cause of action arises after the Code takes effect.  A cause of action arising, and an action commenced pursuant to prior law remain valid in accordance with that law.

      Section 6.2605.  Government action.
       This chapter does not limit the Government's right to bring a civil action.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.