PILT Payment Lawsuit Conference Call Recording

In 2008, Congress significantly amended the Payments In-Lieu of Taxes (PILT) statute by mandating full funding through 2014. Congress also repealed the original statute language that made the program discretionary and subject to the annual congressional appropriations process.  Due to insufficient appropriations for 2015–2017, PILT recipients did not receive the full amount to which they were entitled under the PILT statute based on the Department of the Interior’s full payment calculation.

As a result, Kane County, Utah filed a lawsuit in the U.S. Court of Federal Claims in June 2017, seeking to recover its own underpayments and the underpayments of all other PILT recipients nationwide for those years. In December, the court ruled in Kane County’s favor for FY2015 and 2016 underpayments and issued a similar ruling on FY2017 underpayments in March 2018.

On June 19, 2018, NACo hosted a conference call to discuss the lawsuit and how counties can join the suit. You can listen to a recording of the call here.

To participate in the class action lawsuit and collect possible amounts due them, each underpaid PILT recipient must complete and submit a form “opting into” the lawsuit. If a county does not elect to join the class, they will not be included in the class action lawsuit. Counties will have until mid-September to opt into the class. Click here for more information and to access the opt-in form.


About Jonathan Shuffield (Full Bio)

Associate Legislative Director – Public Lands and Liaison to the Western Interstate Region

Jonathan Shuffield serves as NACo’s Associate Legislative Director for Public Lands and Liaison to the Western Interstate Region, lobbying Congress on public lands issues including Payments In Lieu of Taxes, Secure Rural Schools, land management and endangered species.