APPENDIX B
PART A. STATE CONSTITUTIONAL PROVISIONS AND STATUTES OF GENERAL
EFFECT RELATING TO THE ACQUISITION OF LEGISLATIVE JURISDICTION
BY THE UNITED STATES
ALABAMA
The Code of Alabama (adopted by act of the Legislature of Alabama,
approved July 2, 1940) title 59, sections--
1. (3147) (626) (19) (19) (22) (24) The United States may acquire
lands.--The United States may acquire and hold lands within the limits
of this state, for forts, magazines, arsenals, dockyards, and other needful
buildings, or either of them, as contemplated and provided by the constitution
of the United States, which purchase may be made by contract with the
owners, or as hereinafter provided. In like manner the United States
may acquire and hold lands, rights of way, and material needed in maintaining,
operating, or prosecuting works for the improvement of rivers and harbors
within this state.
3. (3162) (2428) (629) (22) (22) Cession of sites covered by navigable
waters.--Whenever the United States desires to acquire title to land
belonging to land belonging to this state, and covered by the navigable
water of the United States, and within the limits of this state, for
the site of a lighthouse, beacon, or other aid to navigation, and applications
made therefor by a duly authorized agent of the United States, describing
the site required for one of the purpose aforesaid, then the governor
of the state may convey the title to the United States, and may also
cede to the United States such jurisdiction over the same as may be necessary
for the purposes of the United States; and upon like application the
governor may convey to the United States the title to any land belonging
to this state and covered by the navigable waters of the United States
upon which any lighthouse or other aid to navigation has heretofore been
erected, and may also cede to the United States such jurisdiction over
the same as may be necessary for the purpose of the United States; but
no single tract shall contain more than ten acres.
18 (3161) (628) (21) (21) (24) (23) Governor to cede jurisdiction;
restriction.--The governor, upon application made to
(127)
128
him in writing on behalf of the United States for that purpose, accompanied
by the proper evidence of title in the United States, describing the
lands, is authorized on the part of the state by patent to be recorded
in the office of the secretary of state to cede to the United States
such jurisdiction as he may deem wise over such lands, to hold, to use,
and occupy the same for the purpose of the cession, and none other.
19. (3166) Jurisdiction of United States over ceded lands.-- The
jurisdiction heretofore ceded to the United States over any lands acquired
by it within the State of Alabama, with the consent of the state, shall
be subject to such reservations, restrictions, and conditions as provided
in the act or instrument of cession relating to such acquisition; and
shall be subject to the exercise by the state of such jurisdiction, rights,
privileges, or power as may now or hereafter be ceded by the United States
to the state. The jurisdiction ceded to the United States over any lands
hereafter acquired by it within the state of alabama, with the consent
of the state, pursuant to the provisions of this title or any other law
of the state, unless otherwise expressly provided in the act or any other
law of the state, unless otherwise expressly provided in the act or instrument
of cession, shall be subject to the following reservations, or conditions.
The jurisdiction so ceded shall not prevent the execution upon such
lands of any process, civil or criminal, issued under the authority of
this state, except as such process might affect the property of the United
States thereon. The state expressly reserves the right to tax all persons,
firms, corporations, or associations now or hereafter residing or located
upon such lands. The state expressly reserves the right to tax the exercise
by any person, firm, corporation, or association situated upon such lands.
The jurisdiction ceded to the United States shall be for the purposes
of the cessio, and none other; and shall continue during the time the
United States shall be or remain the owner thereof and shall use such
lands for the purpose of the cession. The state expressly reserves the
right to exercise over or upon any such lands any and all rights, privileges,
powers, or jurisdiction which may now or hereafter be released or receded
by the United States to the state.
ARIZONA
The act of March 27, 1951, codified as sections 11-603, and 11-604
of the 1952 Cumulative Supplement to the Arizona Code Annotated, 1939:
(House Bill No. 264)
An act Granting the consent of the State of Arizona to the acquisition
by the United States of land in this for public purposes, and ceding
jurisdiction over such land and over land reserved from the public domain
in this State for military purposes
129
Be it enacted by the Legislature of the State of Arizona:
SECTION 1. The consent of the State of Arizona is hereby given, in
accordance with the seventeenth clause, eighth section of the first article
of the Constitution of the United States, to the acquisition by the United
States required for the erection of forts, magazines, arsenals, dockyards,
and other needful buildings, or for any other military installations
of the government of the United States.
SEC. 2 Exclusive jurisdiction over any land in this State so acquired
for any of the purposes aforesaid, and over any public domain land in
this state, now or in the future reserved or used for military purposes,
is hereby ceded to the United States; but the jurisdiction so ceded shall
continue no longer than the said United States shall own or lease such
acquired land, or shall continue to reserve or use such public domain
land for military purposes.
SEC. 3. As to any land over which exclusive jurisdiction is herein
ceded, the State of Arizona retains concurrent jurisdiction with the
United States, so far, that all process, civil or criminal, issuing under
the authority of this State or any of the courts or judicial officers
thereof, may be executed by the proper officers of the state, upon any
person amenable to the same within the limits of such land, in like manner
and like effect as if no such cession had taken place.
SEC. 4. All laws and parts of law in conflict with any of the provisions
hereof are hereby repealed.
SEC. 5. EMERGENCY. To preserve the public peace, health, and safety,
it is necessary that this Act become immediately operative. It is therefore
declared to be an emergency measure, to take effect as provided by law.
Approved by the GOVERNOR--March 27, 1951.
Filed in the Office of the Secretary of State--March 27. 1951.
ARKANSAS
Arkansas Statutes, 1947, title 10, chapter 11, section--
10-1101. Consent to purchase of real property by United States--Cession
of jurisdiction.--The state of Arkansas hereby consents to the purchase
to be made or heretofore made, by the United States, of any site or ground
for the erection of any armory, arsenal, fort, fortification, navy yard,
customhouse, lighthouse, lock, dam, fish hatcheries, or other public
buildings of any kind whatever, and the jurisdiction of this States,
within and over all grounds thus purchased by the United States, within
the limits of this State, is hereby ceded to the United States.
130
Provided, that this grant of jurisdiction shall not prevent execution
of any process of this State, civil or criminal, upon any person who
thereof. [Act Apr. 29, 1903, No. 180, 2, p. 346; C.& M. Dig., 4565;
Pope's Dig., 5645.]
10-1102. Relinquishment of right to tax.--This State releases and relinquishes
her right to tax any such site, grounds or real estate, and all improvements
which may be thereon or hereafter erected thereon, during the time the
United States shall be and remain the owner thereof. [Act Apr. 29, 1903,
No. 180, 2, p. 246; C. & M. Dig., 4565; Pipe's Dig., 5645.]
10-1103. Consent to acquisition by United States of land for river
improvements, canals and hydroelectric plants--Cession of jurisdiction.
-The consent of the State of Arkansas is given to the acquisition by
the United States by purchase or condemnation with just compensation
or by grant or otherwise, of such lands in the State of Arkansas as in
the opinion of the federal government may be needed for the construction
of dams, reservoirs, floodway,locks, canals, hydroelectric power plants,
channel improvements, channel diversions, and for such other works as
may be necessary for the control of floods, the development of hydroelectric
power, the irrigation of lands, the conservation of the soil, recreation,
and other beneficial water uses, and the jurisdiction of this state within
and over all grounds thus acquired by the United States. Provided, that
this grant of jurisdiction shall not prevent execution of any processes
of this State, civil or criminal, on any person who may be on said premises.
[Acts 1939, No. 327, 1, p,857.]
10-1104 Lands purchased for national cemeteries.--Cession of jurisdiction.
-The jurisdiction of this State within and over all lands purchased by
the United States on which national cemeteries may be established within
the limits of this State is hereby ceded to the United States, so far
as the permanent enclosures of such national cemeteries may extend and
no further. [Act Feb. 21, 1867, No. 60, 1, p. 153; C. & M. Dig.,
4553; Pope's Dig., 5633.]
10-1107 Congressional authority with respect to fish and game regulations
in national forests--Enforcement.--The consent of the State of Arkansas
is given to the making by Congress of the United States or under its
authority,of al such rules and regulations as the federal government
may determine to be needful in respect to game animals, game an non-game
birds and dish on or in and over national forest lands within the State
of Arkansas, Provided however, that all such rules and regulations must
be approved by the Game and fish Commission before such rules and regulations
can be enforced. The
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authority to enforce such concurrent rules and regulations is hereby
extended jointly to the federal government and to the Game and Fish Commission.
[Acts 1925, No. 230, 675; Pope's Dig., 5648, 6000; Acts No. 272,
1, p, 711.]
CALIFORNIA
Constitution of the State of California, article XIV, section- 4.
Water Rights of Government Agencies.
Whenever any agency of government, local, state, or federal, hereafter
acquires any interest in real property in this State, the acceptance
of the interest shall constitute an agreement by the agency to conform
to the laws of California as to the acquisition, control, use, and distribution
of water with respect to the land so acquired. [New section added November
2, 1954.]
Deerings's California Codes, Government Code, title I, division 1,
chapter 1, sections--
125. Coded jurisdiction limited by retrocession. All jurisdiction
ceded tot he United States by this articles limited by the terms of any
retrocession of jurisdiction heretofore or hereafter granted by the United
States and accepted by the State.
126. Consent to acquisition of land by United States; Conditions;
"Acquisition"; Application of section. Notwithstanding any other provision
of law, general or special, the Legislature of California consents to
the acquisition by the United States of land within this State upon and
subject to each and all of the following express conditions and reservations,
in addition to any other conditions or reservations prescribed by law:
(a) The acquisition must be for the erection of forts, magazines,
arsenals, dockyards, and other needful buildings, or other public purpose
within the purview of clause 17 of Section 8 of Article I of the Constitution
of the United States, or for the establishment consolidation and extension
of national forests under the provisions of the act of Congress approved
March 1, 1911, (36 Stat. 961) known as the "Weeks Act";
(b) The acquisition must be pursuant to and in compliance with the
laws of the United States;
(c) The United States must in writing have assented to acceptance
of jurisdiction over the land upon and subject to each and all of the
conditions and reservations in this section and in Section 4 of Article
XIV of the Constitution prescribed;
(d) The conditions prescribed in subdivisions (a), (b), and (c) of
this section must have been found and declared to have occurred and to
exist, by the State Lands Commission, and the commission
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must have found and declared that such acquisition is in the interest
of the State, certified copies of its orders or resolutions making such
findings and declarations to be filed in the Office of the Secretary
of State and recorded in the office of the county recorded of each county
in which any part of the land is situate;
(e) In granting this consent, the Legislature and the State reserve
jurisdiction on and over the land for the execution of civil process
and criminal process in all cases, and the State's entire power of taxation
including that of each state agency, county, city, city and county political
subdivision or public district of or in the State; and reserve to all
persons residing on such land all civil and political rights, including
the right of suffrage, which they might have were this consent not given.
(f) This consent contain use only so long as the land continues to
belong to the United States and is held by it in accordance and in compliance
with each and all of the conditions and reservations in this section
prescribed.
(g) Acquisition as used in this section means: (1) lands acquired
in fee by purchase or condemnation, (2) lands owned by the United States
that are included in the military reservation by presidential proclamation
or act of Congress, and (3) leaseholds acquired by the United States
over private lands or state-owned lands.
(h) In granting this consent, the Legislature and the State reserve
jurisdiction over the land, water and use of water with full power to
control and regulate the acquisition, use, control and distribution of
water with respect to the land acquired.
The finding and declaration of the State Lands Commission provided
for in subdivision (d) of this section shall be published once in a newspaper
of general circulation in each county in which the land or any part thereof
is situated and a copy of such notice shall be personally served upon
the clerk of the board of supervisors of each such county. The State
Lands Commission shall make rules and regulations governing the conditions
and procedure of such hearings, which shall provide that the cost of
publication and service of notice and all other expenses incurred by
the commission shall be borne by the United States.
The provisions of this section do not apply to any land or water areas
heretofore or hereafter acquired by the United States for migratory bird
reservations i accordance with the provisions of sections 375 to 380,
inclusive, of the Fish and Game Code. [Amended by Stats. 1953, ch. 1856,
1; Stats. 1955, ch. 649, 1.]
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127. Same; Index; Degree of United States jurisdiction.--In addition
to other records maintained by the State Lands Commission, the commission
shall prepare and maintain an adequate index of record of documents with
description of the lands over which the United States acquired jurisdiction
pursuant to Section 126 of this code or pursuant to any prior state law.
Said index shall record the degree of jurisdiction obtained by the United
States for each acquisition.
Government Code, title 3, division 2, part 2, chapter 5, article 4,
sections--
25420. Acquisition and conveyance of lands to United States for
military purposes.--Pursuant tot his article, the board of supervisors
may acquire and convey lands to the United States for use for any military
purposes authorized by any law of the United States, including permanent
mobilization, training, and supply stations.
25421. Determination of desirability of incurring indebtedness.
Whenever the Secretary of War agrees on behalf of the United States
to establish in any county a permanent mobilization, training, and supply
station for any military purposes authorized by any law of the United
States, on condition that land aggregating approximately a designated
number of acres at such location or locations within the county as he
from time to time selects or approves be conveyed to the United States
with the consent of the State in consideration of the benefits to be
derived by the county from the use of the lands by the United States
for such purpose, the board may determine that it is desirable and for
the general welfare and benefit of the people of the county and for the
interest of the county to incur an indebtedness in an amount sufficient
to acquire land in the county for such purposes.
25432. Consent of Legislature. Pursuant to the Constitution and
laws of the United States, and especially to paragraph 17 of Section
8 of Article 1 of such Constitution, the consent of the Legislature is
given to the United States to acquire upon the conditions and for the
purposes set forth in this article, from any county acting under this
article, title to all lands referred to in this article.
25433. Evidence of title: Consent to exclusive legislation by Congress:
Conditions subsequent. The title shall be evidenced by a deed or deeds
of the county, signed by the chairman of its board of supervisors and
attested by the clerk of the county under seal, and the consent of the
State is given to the exercise by Congress of exclusive legislation in
all cases over any tracks or parcels of land conveyed to it pursuant
to this article. The board may insert in every conveyance made pursuant
to this article such condition subsequent as it deems necessary to insure
the use of the land by the United States for the purposes mentioned in
and to carry out the provisions of this article.
134
Government Code, title 5, division 1, part 1, chapter 2, article 3,
sections--
50360. Conveyance of land to United States for federal purposes:
Acquisition of land. The legislative body of a local agency may convey
land which it owns within its boundaries to the United States to be used
for federal purposes and may acquire land for this purposes pursuant
to this article.
50362. Conveyance of land for use by War or Navy Department or as
customs and immigration offices: Expenditure from general fund to acquire
or improve land. By a four-fifths vote the legislative body of a local
agency may convey land which it owns within the State to the United States
for use by the War Department, the Navy Department, or as customs and
immigration offices and may expend money from the general fund to acquire
such land or to improve the land it owns or has acquired and desires
to convey to the United States.
50367. Consent of Legislature given to United States to acquire
land. The consent of the Legislature is given to the United States to
acquire land upon the conditions and for the purposes set forth in this
article.
50370. Exclusive jurisdiction ceded to United States: Concurrent
jurisdiction reserved for certain purposes. The Legislature cedes to
the United States exclusive jurisdiction over land conveyed pursuant
to this article, reserving concurrent jurisdiction with the United States
for the execution of all civil and criminal process, issued under authority
of the State as if a conveyance had not been made.
Public Resources Code, division 6, part 4, chapter 1, section-
8301. Authority to convey tract for site of lighthouse, beacon or
other navigation aid: Jurisdiction over tract after conveyance. The
Governor, on application therefor by a duty authorize agent, may convey
to the United States any tract of land not exceeding 10 acres, belonging
to the State and covered by navigable waters, for the site of a lighthouse,
beacon, or other aid to navigation. After conveyance, the United States
shall have jurisdiction over the tract, subject to the right of the State
to have concurrent jurisdiction so far that all process, civil or criminal,
issued under authority of the State may be executed by the proper officers
thereof within the tract, upon any person amendable thereto, in like
manner and with like effect as if the conveyance had not been made.
Division 6, part 4, chapter 3, section--
8401, Authority to grant, transfer and convey property. The boards
of supervisors of the several counties may grant, transfer and convey
without consideration, any real property or interest therein
135
now owned or hereafter acquired by any county, to the United States to
be used for national park purposes.
Deering's General Laws of the State of California, volume III, page
3393:
Act 8835. Validation of Grants to United States for Military or Naval
Purposes. [Stats. 1943, ch. 598.]
AN ACT Validating grants by municipal corporations or any State agency
to the United States of America for military or naval purposes.
1. Grants of property of municipal corporation ratified.
2. Grants by State agency ratified.
1. Grants of property of municipal corporation ratified. Every
grant, including lease, to the United States of America for military
or naval uses, of property of any municipal corporation heretofore made
by any legislative body thereof, whether with or without consideration
and whether or not previous authority for such grant or lease existed,
hereby is ratified and validated; provided, that such grant or lease
contains a reservation to the State of deposits of oil and gas and other
hydrocarbon and mineral deposits and of right of way for access to all
such deposits as prescribed in Section 6402 of the Public Resources Code,
except in the case where any such lands have been granted to such municipal
corporation without reserving such deposits to the States.
2. Grants by State agency ratified. Every grant and lease of real
property of the State executed by any State agency to the United States
of America for military or naval purposes, is hereby ratified and validated
if it was approved by the Governor and if it reserved to the State the
mineral deposits and right of way as described in Section 1 hereof.
Gen.Laws107.
COLORADO
Colorado Revised Statutes 1953, chapter 142, article I, sections--
142-1-1. Consent to acquisition of lands by United States.-The consent
of this state is hereby given to the purchase by the United States of
such ground in the city of Denver, or any other city or incorporated
town in this state, as its authorities may select, for the accommodation
of the United States circuit and district courts, post offices, land
offices, mints, or other government offices in said cities or incorporated
towns, and also to the purchase by the United States of such other lands
within this state as its authorities may from time to time select for
the erection of forts, magazines, arsenals and other needful buildings.
142-1-2. Consent to condemn land--when notice required.--The consent
of the state of Colorado is hereby given, in accordance with the seventeenth
clause, eighth section of the first article of the constitution of the
United States, to the acquisition by the United States, by pur-
136
chase, condemnation or otherwise, of any land in this state required
for customhouses, courthouses, post offices, arsenals, or other buildings
whatever, or for any other proper purpose of the United States government.
Before APPENDIX
PART A. STATE CONSTITUTIONAL PROVISIONS AND STATUTES OF GENERAL EFFECT
RELATING TO THE ACQUISITION OF LEGISLATIVE JURISDICTION BY THE UNITED
STATES
ALABAMA
The Code of Alabama (adopted by act of the Legislature of Alabama,
approved July 2, 1940) title 59, sections--
1. (3147) (626) (19) (19) (22) (24) The United States may acquire
lands.--The United States may acquire and hold lands within the limits
of this state, for forts, magazines, arsenals, dockyards, and other needful
buildings, or either of them, as contemplated and provided by the constitution
of the United States, which purchase may be made by contract with the
owners, or as hereinafter provided. In like manner the United States
may acquire and hold lands, rights of way, and material needed in maintaining,
operating, or prosecuting works for the improvement of rivers and harbors
within this state.
3 (3162) (629) (22) (22) Cession of sites covered by navigable water.
-Whenever the United States desires to acquire title to land belonging
to land belonging to this state, and covered by the navigable water of
the United States, and within the limits of this state, for the site
of a lighthouse, beacon, or other aid to navigation, and applications
made therefor by a duly authorized agent of the United States, describing
the site required for one of the purpose aforesaid, then the governor
of the state may convey the title to the United States, and may also
cede to the United States such jurisdiction over the same as may be necessary
for the purposes of the United States; and upon like application the
governor may convey to the United States the title to any land belonging
to this state and covered by the navigable waters of the United States
upon which any lighthouse or other aid to navigation has heretofore been
erected, and may also cede to the United States such jurisdiction over
the same as may be necessary for the purpose of the United States; but
no single tract shall contain more than ten acres.
18 (3161) (628) (21) (21) (24) (23) Governor to cede jurisdiction;
restriction.--The governor, upon application made to
(127)
128
him in writing on behalf of the United States for that purpose, accompanied
by the proper evidence of title in the United States, describing the
lands, is authorized on the part of the state by patent to be recorded
in the office of the secretary of state to cede to the United States
such jurisdiction as he may deem wise over such lands, to hold, to use,
and occupy the same for the purpose of the cession, and none other.
19. (3166) Jurisdiction of United States over ceded lands.-- The
jurisdiction heretofore ceded to the United States over any lands acquired
by it within the State of Alabama, with the consent of the state, shall
be subject to such reservations, restrictions, and conditions as provided
in the act or instrument of cession relating to such acquisition; and
shall be subject to the exercise by the state of such jurisdiction, rights,
privileges, or power as may now or hereafter be ceded by the United States
to the state. The jurisdiction ceded to the United States over any lands
hereafter acquired by it within the state of alabama, with the consent
of the state, pursuant to the provisions of this title or any other law
of the state, unless otherwise expressly provided in the act or any other
law of the state, unless otherwise expressly provided in the act or instrument
of cession, shall be subject to the following reservations, or conditions.
The jurisdiction so ceded shall not prevent the execution upon such
lands of any process, civil or criminal, issued under the authority of
this state, except as such process might affect the property of the United
States thereon. The state expressly reserves the right to tax all persons,
firms, corporations, or associations now or hereafter residing or located
upon such lands. The state expressly reserves the right to tax the exercise
by any person, firm, corporation, or association situated upon such lands.
The jurisdiction ceded to the United States shall be for the purposes
of the cessio, and none other; and shall continue during the time the
United States shall be or remain the owner thereof and shall use such
lands for the purpose of the cession. The state expressly reserves the
right to exercise over or upon any such lands any and all rights, privileges,
powers, or jurisdiction which may now or hereafter be released or receded
by the United States to the state.
ARIZONA
The act of March 27, 1951, codified as sections 11-603, and 11-604
of the 1952 Cumulative Supplement to the Arizona Code Annotated, 1939:
(House Bill No. 264)
An act Granting the consent of the State of Arizona to the acquisition
by the United States of land in this for public purposes, and ceding
jurisdiction over such land and over land reserved from the public domain
in this State for military purposes
129
Be it enacted by the Legislature of the State of Arizona:
SECTION 1. The consent of the State of Arizona is hereby given, in
accordance with the seventeenth clause, eighth section of the first article
of the Constitution of the United States, to the acquisition by the United
States required for the erection of forts, magazines, arsenals, dockyards,
and other needful buildings, or for any other military installations
of the government of the United States.
SEC. 2 Exclusive jurisdiction over any land in this State so acquired
for any of the purposes aforesaid, and over any public domain land in
this state, now or in the future reserved or used for military purposes,
is hereby ceded to the United States; but the jurisdiction so ceded shall
continue no longer than the said United States shall own or lease such
acquired land, or shall continue to reserve or use such public domain
land for military purposes.
SEC. 3. As to any land over which exclusive jurisdiction is herein
ceded, the State of Arizona retains concurrent jurisdiction with the
United States, so far, that all process, civil or criminal, issuing under
the authority of this State or any of the courts or judicial officers
thereof, may be executed by the proper officers of the state, upon any
person amenable to the same within the limits of such land, in like manner
and like effect as if no such cession had taken place.
SEC. 4. All laws and parts of law in conflict with any of the provisions
hereof are hereby repealed.
SEC. 5. EMERGENCY. To preserve the public peace, health, and safety,
it is necessary that this Act become immediately operative. It is therefore
declared to be an emergency measure, to take effect as provided by law.
Approved by the GOVERNOR--March 27, 1951.
Filed in the Office of the Secretary of State--March 27. 1951.
ARKANSAS
Arkansas Statutes, 1947, title 10, chapter 11, section--
10-1101. Consent to purchase of real property by United States--Cession
of jurisdiction.--The state of Arkansas hereby consents to the purchase
to be made or heretofore made, by the United States, of any site or ground
for the erection of any armory, arsenal, fort, fortification, navy yard,
customhouse, lighthouse, lock, dam, fish hatcheries, or other public
buildings of any kind whatever, and the jurisdiction of this States,
within and over all grounds thus purchased by the United States, within
the limits of this State, is hereby ceded to the United States.
130
Provided, that this grant of jurisdiction shall not prevent execution
of any process of this State, civil or criminal, upon any person who
thereof. [Act Apr. 29, 1903, No. 180, 2, p. 346; C.& M. Dig., 4565;
Pope's Dig., 5645.]
10-1102. Relinquishment of right to tax.--This State releases and relinquishes
her right to tax any such site, grounds or real estate, and all improvements
which may be thereon or hereafter erected thereon, during the time the
United States shall be and remain the owner thereof. [Act Apr. 29, 1903,
No. 180, 2, p. 246; C. & M. Dig., 4565; Pipe's Dig., 5645.]
10-1103. Consent to acquisition by United States of land for river
improvements, canals and hydroelectric plants--Cession of jurisdiction.
-The consent of the State of Arkansas is given to the acquisition by
the United States by purchase or condemnation with just compensation
or by grant or otherwise, of such lands in the State of Arkansas as in
the opinion of the federal government may be needed for the construction
of dams, reservoirs, floodway,locks, canals, hydroelectric power plants,
channel improvements, channel diversions, and for such other works as
may be necessary for the control of floods, the development of hydroelectric
power, the irrigation of lands, the conservation of the soil, recreation,
and other beneficial water uses, and the jurisdiction of this state within
and over all grounds thus acquired by the United States. Provided, that
this grant of jurisdiction shall not prevent execution of any processes
of this State, civil or criminal, on any person who may be on said premises.
[Acts 1939, No. 327, 1, p,857.]
10-1104 Lands purchased for national cemeteries.--Cession of jurisdiction.
-The jurisdiction of this State within and over all lands purchased by
the United States on which national cemeteries may be established within
the limits of this State is hereby ceded to the United States, so far
as the permanent enclosures of such national cemeteries may extend and
no further. [Act Feb. 21, 1867, No. 60, 1, p. 153; C. & M. Dig.,
4553; Pope's Dig., 5633.]
10-1107 Congressional authority with respect to fish and game regulations
in national forests--Enforcement.--The consent of the State of Arkansas
is given to the making by Congress of the United States or under its
authority,of al such rules and regulations as the federal government
may determine to be needful in respect to game animals, game an non-game
birds and dish on or in and over national forest lands within the State
of Arkansas, Provided however, that all such rules and regulations must
be approved by the Game and fish Commission before such rules and regulations
can be enforced. The
131
authority to enforce such concurrent rules and regulations is hereby
extended jointly to the federal government and to the Game and Fish Commission.
[Acts 1925, No. 230, 675; Pope's Dig., 5648, 6000; Acts No. 272,
1, p, 711.]
CALIFORNIA
Constitution of the State of California, article XIV, section- 4.
Water Rights of Government Agencies.
Whenever any agency of government, local, state, or federal, hereafter
acquires any interest in real property in this State, the acceptance
of the interest shall constitute an agreement by the agency to conform
to the laws of California as to the acquisition, control, use, and distribution
of water with respect to the land so acquired. [New section added November
2, 1954.]
Deerings's California Codes, Government Code, title I, division 1,
chapter 1, sections--
125. Coded jurisdiction limited by retrocession. All jurisdiction
ceded tot he United States by this articles limited by the terms of any
retrocession of jurisdiction heretofore or hereafter granted by the United
States and accepted by the State.
126. Consent to acquisition of land by United States; Conditions;
"Acquisition"; Application of section. Notwithstanding any other provision
of law, general or special, the Legislature of California consents to
the acquisition by the United States of land within this State upon and
subject to each and all of the following express conditions and reservations,
in addition to any other conditions or reservations prescribed by law:
(a) The acquisition must be for the erection of forts, magazines,
arsenals, dockyards, and other needful buildings, or other public purpose
within the purview of clause 17 of Section 8 of Article I of the Constitution
of the United States, or for the establishment consolidation and extension
of national forests under the provisions of the act of Congress approved
March 1, 1911, (36 Stat. 961) known as the "Weeks Act";
(b) The acquisition must be pursuant to and in compliance with the
laws of the United States;
(c) The United States must in writing have assented to acceptance
of jurisdiction over the land upon and subject to each and all of the
conditions and reservations in this section and in Section 4 of Article
XIV of the Constitution prescribed;
(d) The conditions prescribed in subdivisions (a), (b), and (c) of
this section must have been found and declared to have occurred and to
exist, by the State Lands Commission, and the commission
132
must have found and declared that such acquisition is in the interest
of the State, certified copies of its orders or resolutions making such
findings and declarations to be filed in the Office of the Secretary
of State and recorded in the office of the county recorded of each county
in which any part of the land is situate;
(e) In granting this consent, the Legislature and the State reserve
jurisdiction on and over the land for the execution of civil process
and criminal process in all cases, and the State's entire power of taxation
including that of each state agency, county, city, city and county political
subdivision or public district of or in the State; and reserve to all
persons residing on such land all civil and political rights, including
the right of suffrage, which they might have were this consent not given.
(f) This consent contain use only so long as the land continues to
belong to the United States and is held by it in accordance and in compliance
with each and all of the conditions and reservations in this section
prescribed.
(g) Acquisition as used in this section means: (1) lands acquired
in fee by purchase or condemnation, (2) lands owned by the United States
that are included in the military reservation by presidential proclamation
or act of Congress, and (3) leaseholds acquired by the United States
over private lands or state-owned lands.
(h) In granting this consent, the Legislature and the State reserve
jurisdiction over the land, water and use of water with full power to
control and regulate the acquisition, use, control and distribution of
water with respect to the land acquired.
The finding and declaration of the State Lands Commission provided
for in subdivision (d) of this section shall be published once in a newspaper
of general circulation in each county in which the land or any part thereof
is situated and a copy of such notice shall be personally served upon
the clerk of the board of supervisors of each such county. The State
Lands Commission shall make rules and regulations governing the conditions
and procedure of such hearings, which shall provide that the cost of
publication and service of notice and all other expenses incurred by
the commission shall be borne by the United States.
The provisions of this section do not apply to any land or water areas
heretofore or hereafter acquired by the United States for migratory bird
reservations i accordance with the provisions of sections 375 to 380,
inclusive, of the Fish and Game Code. [Amended by Stats. 1953, ch. 1856,
1; Stats. 1955, ch. 649, 1.]
133
127. Same; Index; Degree of United States jurisdiction.--In addition
to other records maintained by the State Lands Commission, the commission
shall prepare and maintain an adequate index of record of documents with
description of the lands over which the United States acquired jurisdiction
pursuant to Section 126 of this code or pursuant to any prior state law.
Said index shall record the degree of jurisdiction obtained by the United
States for each acquisition.
Government Code, title 3, division 2, part 2, chapter 5, article 4,
sections--
25420. Acquisition and conveyance of lands to United States for
military purposes.--Pursuant tot his article, the board of supervisors
may acquire and convey lands to the United States for use for any military
purposes authorized by any law of the United States, including permanent
mobilization, training, and supply stations.
25421. Determination of desirability of incurring indebtedness.
Whenever the Secretary of War agrees on behalf of the United States
to establish in any county a permanent mobilization, training, and supply
station for any military purposes authorized by any law of the United
States, on condition that land aggregating approximately a designated
number of acres at such location or locations within the county as he
from time to time selects or approves be conveyed to the United States
with the consent of the State in consideration of the benefits to be
derived by the county from the use of the lands by the United States
for such purpose, the board may determine that it is desirable and for
the general welfare and benefit of the people of the county and for the
interest of the county to incur an indebtedness in an amount sufficient
to acquire land in the county for such purposes.
25432. Consent of Legislature. Pursuant to the Constitution and
laws of the United States, and especially to paragraph 17 of Section
8 of Article 1 of such Constitution, the consent of the Legislature is
given to the United States to acquire upon the conditions and for the
purposes set forth in this article, from any county acting under this
article, title to all lands referred to in this article.
25433. Evidence of title: Consent to exclusive legislation by Congress:
Conditions subsequent. The title shall be evidenced by a deed or deeds
of the county, signed by the chairman of its board of supervisors and
attested by the clerk of the county under seal, and the consent of the
State is given to the exercise by Congress of exclusive legislation in
all cases over any tracks or parcels of land conveyed to it pursuant
to this article. The board may insert in every conveyance made pursuant
to this article such condition subsequent as it deems necessary to insure
the use of the land by the United States for the purposes mentioned in
and to carry out the provisions of this article.
134
Government Code, title 5, division 1, part 1, chapter 2, article 3,
sections--
50360. Conveyance of land to United States for federal purposes:
Acquisition of land. The legislative body of a local agency may convey
land which it owns within its boundaries to the United States to be used
for federal purposes and may acquire land for this purposes pursuant
to this article.
50362. Conveyance of land for use by War or Navy Department or as
customs and immigration offices: Expenditure from general fund to acquire
or improve land. By a four-fifths vote the legislative body of a local
agency may convey land which it owns within the State to the United States
for use by the War Department, the Navy Department, or as customs and
immigration offices and may expend money from the general fund to acquire
such land or to improve the land it owns or has acquired and desires
to convey to the United States.
50367. Consent of Legislature given to United States to acquire
land. The consent of the Legislature is given to the United States to
acquire land upon the conditions and for the purposes set forth in this
article.
50370. Exclusive jurisdiction ceded to United States: Concurrent
jurisdiction reserved for certain purposes. The Legislature cedes to
the United States exclusive jurisdiction over land conveyed pursuant
to this article, reserving concurrent jurisdiction with the United States
for the execution of all civil and criminal process, issued under authority
of the State as if a conveyance had not been made.
Public Resources Code, division 6, part 4, chapter 1, section-
8301. Authority to convey tract for site of lighthouse, beacon or
other navigation aid: Jurisdiction over tract after conveyance. The
Governor, on application therefor by a duty authorize agent, may convey
to the United States any tract of land not exceeding 10 acres, belonging
to the State and covered by navigable waters, for the site of a lighthouse,
beacon, or other aid to navigation. After conveyance, the United States
shall have jurisdiction over the tract, subject to the right of the State
to have concurrent jurisdiction so far that all process, civil or criminal,
issued under authority of the State may be executed by the proper officers
thereof within the tract, upon any person amendable thereto, in like
manner and with like effect as if the conveyance had not been made.
Division 6, part 4, chapter 3, section--
8401, Authority to grant, transfer and convey property. The boards
of supervisors of the several counties may grant, transfer and convey
without consideration, any real property or interest therein
135
now owned or hereafter acquired by any county, to the United States to
be used for national park purposes.
Deering's General Laws of the State of California, volume III, page
3393:
Act 8835. Validation of Grants to United States for Military or Naval
Purposes. [Stats. 1943, ch. 598.]
AN ACT Validating grants by municipal corporations or any State agency
to the United States of America for military or naval purposes.
1. Grants of property of municipal corporation ratified.
2. Grants by State agency ratified.
1. Grants of property of municipal corporation ratified. Every
grant, including lease, to the United States of America for military
or naval uses, of property of any municipal corporation heretofore made
by any legislative body thereof, whether with or without consideration
and whether or not previous authority for such grant or lease existed,
hereby is ratified and validated; provided, that such grant or lease
contains a reservation to the State of deposits of oil and gas and other
hydrocarbon and mineral deposits and of right of way for access to all
such deposits as prescribed in Section 6402 of the Public Resources Code,
except in the case where any such lands have been granted to such municipal
corporation without reserving such deposits to the States.
2. Grants by State agency ratified. Every grant and lease of real
property of the State executed by any State agency to the United States
of America for military or naval purposes, is hereby ratified and validated
if it was approved by the Governor and if it reserved to the State the
mineral deposits and right of way as described in Section 1 hereof.
Gen.Laws107.
COLORADO
Colorado Revised Statutes 1953, chapter 142, article I, sections--
142-1-1. Consent to acquisition of lands by United States.-The consent
of this state is hereby given to the purchase by the United States of
such ground in the city of Denver, or any other city or incorporated
town in this state, as its authorities may select, for the accommodation
of the United States circuit and district courts, post offices, land
offices, mints, or other government offices in said cities or incorporated
towns, and also to the purchase by the United States of such other lands
within this state as its authorities may from time to time select for
the erection of forts, magazines, arsenals and other needful buildings.
142-1-2. Consent to condemn land--when notice required.--The consent
of the state of Colorado is hereby given, in accordance with the seventeenth
clause, eighth section of the first article of the constitution of the
United States, to the acquisition by the United States, by pur-
136
chase, condemnation or otherwise, of any land in this state required
for customhouses, courthouses, post offices, arsenals, or other buildings
whatever, or for any other proper purpose of the United States government.
Before any privately owned land in this state is acquired for any purpose
other than for customhouses, courthouses, post offices, arsenals, or
other governmental buildings, the United States shall give written notice
of intention to acquire such land to the board of county commissioners
of the county wherein such land is situated and to the Colorado tax commission,
which notice shall be given at least thirty days prior to the date of
such intended acquisition.
142-1-3. Jurisdiction of United States over land.--Exclusive jurisdiction
in and over any land so acquired by the United States shall be and the
same is hereby ceded to the United States for all purposes, except the
service of all civil and criminal process of the courts of this state;
but the jurisdiction so ceded shall continue no longer than the said
United States shall own such land.
142-1-4. When jurisdiction vests--tax exemption.--The jurisdiction
shall not vest until the United States shall have acquired the title
to the said lands by purchase, condemnation or otherwise; and so long
as the said lands shall remain the property of the said United States
when acquired and no longer, the same shall be and continue exempt and
exonerated from all state, county and municipal taxation, assessment
or other charges which may be levied or imposed under the authority of
this state.
CONNECTICUT
The General Statutes of Connecticut, Revision of 1949, title II, chapter
7, section--
130. Sites for beacon lights and other buildings. The treasurer is
authorized to execute on behalf of the state and deliver, with the approval
of the governor, to the United States of America, a deed of any parcel
of land belonging to the state, for the purpose of the erection and maintenance
thereon of beacon lights and other buildings and apparatus to be used
in aid of navigation. Any such deed shall contain a provision that
if such lights, buildings and apparatus are not erected thereon within
five years from the date of such deed, or if the government of the United
States of America abandons the use of such land for such purposes, title
to such land shall revert to the state. Jurisdiction of the state over
any land deeded to the United States under the provisions of this section
shall be ceded to the United States, provided the state shall retain
concurrent jurisdiction with the United
137
States, for the sole purpose of serving and executing thereon civil and
criminal process issued under any provision of the statutes.
Title LVII, chapter 360, section--
7172. United States; ceding jurisdiction to. The consent of the state
off Connecticut is given, in accordance with the seventeenth clause,
eighth section, of the first article of the constitution of the United
States, to the acquisition by the United States, by purchase, condemnation
or otherwise, of any land in this state required for customhouses, courthouses,
post offices, arsenals or other public buildings or for any other purposes
of the government. Exclusive jurisdiction in and over any land so acquired
by the United States is ceded to the United States for all purposes except
the service of all civil and criminal process of the courts of this state;
but the jurisdiction so ceded shall continue no longer than the United
States shall own such land. The jurisdiction ceded shall not vest until
the United States shall have acquired the title to such lands by purchase,
condemnation or otherwise; and, so long as such lands shall remain the
property of the United States when acquired as aforesaid, the same shall
be exempt from all state, county and municipal taxation, assessment or
other charges.
DELAWARE
Delaware Code Annotated, Title 29, Chapter I, Section--
101. Territorial limitation.--The jurisdiction and sovereignty of
the State extend to all places within the boundaries thereof, subject
only to the rights of concurrent jurisdiction as have been granted to
the State of New Jersey or have been or may be granted over any places
ceded by this State to the United States.
102. Consent to purchase of land by the United States.--The consent
of the Legislature of Delaware is given to the purchase by the Government
of the United States, or under authority of such government, of any tract,
piece or parcel of land, not exceeding ten acres in any one place or
locality, for the purpose of erecting thereon lighthouses and other needful
public buildings whatsoever, and of any tract, piece or parcel of land,
not exceeding 100 acres in any one place or locality, for the purpose
of erecting thereon forts, magazines, arsenals, dockyards and other needful
buildings, from any individuals, bodies politic or corporate, within
the boundaries or limits of the State; and all deeds, conveyances, or
title papers for the same shall be recorded as in other cases upon the
land records of the county in which the land so conveyed may be situated;
and in like manner may be recorded a sufficient description, by metes
and bounds, courses and distances, of any tracts or legal divisions of
any public land
138
belonging to the United States, which may be set apart by the general
government for any or either of the purposes before mentioned, by an
order, patent, or other official document or papers so describing such
land. The consent herein given is in accordance with the eighteenth
clause of the eighth section of the First Article of the Constitution
of the United States,, and with the Acts of Congress in such cases made
and provided.
103. Cession of lands to the United States; taxation; reverter to
State.--(a) Whenever the United States shall desire to acquire a title
to land of any kind belonging to this State, whether covered by the navigable
waters within its limits or otherwise, for the site of any light-house,
beacon, life-saving station, or other aid to navigation, and application
is made by a duly authorized agent of the United States, describing the
site or sites required therefor, the Governor may convey the site to
the United States, and cede to the United States jurisdiction over the
site. No single tract desired for any light-house, beacon, or other
aid to navigation shall contain more than ten acres, or for any life
saving station more than one acre.
(b) All the lands, rights and privileges which may be ceded under
subsection (a) of this section, and all the buildings, structures, improvements,
and property of every kind erected and placed on such lands by the United
States shall be exempt from taxation so long as the same shall be used
for the purposes mentioned in subsection (a) of this section.
(c) The title of any land, which may be ceded under subsection (a)
of this section, shall escheat and revert to the State, unless the construction
thereon of the light-house, beacon, life-saving station or other aid
to navigation, for which it is ceded, shall be commenced within two years
after the conveyance is made, and shall be completed within ten years
thereafter.
104. Execution of process on ceded territory. The sovereignty and
jurisdiction of this State shall extend over any lands acquired by the
United States under the provisions of sections 101-103 of this title,
to the extent that all civil and criminal process issued under authority
of any law of this State may be executed in any part of the premises
so acquired, or the buildings or structures thereon erected.
FLORIDA
Florida Statutes Annotated, title II, chapter 6, sections--
6.02 United States authorized to acquire lands for certain purposes.
-The United States may purchase, acquire, hold, own, occupy and possess
such lands within the limits of this state as they shall seek to occupy
and hold as sites on which to erect and maintain forts,
139
magazines, arsenals, dockyards, and other needful buildings, or any of
them, as contemplated and provided in the Constitution of the United
States; such land to be acquired either by contract with owners, or in
the manner hereinafter provided.
6.03 Condemnation of land when price not agreed upon.--If the officer
or other agent employed by the United States to make such purchase and
the owner of the land contemplated to be purchased,, as aforesaid, cannot
agree for the sale and purchase thereof, the same may be acquired by
the United States by condemnation in the same manner as is hereinafter
provided for condemnation of lands for other public purposes, and any
officer or agent authorized by the United States may institute and conduct
such proceedings in their behalf.
6.04 Jurisdiction over such lands, how ceded to the United States.
-Whenever the United States shall contract for, purchase or acquire any
land within the limits of this state for the purposes aforesaid, in either
of the modes above mentioned and provided, or shall hold for such purposes
lands heretofore lawfully acquired or reserved therefor, and shall desire
to acquire constitutional jurisdiction over such lands for said purposes,
the governor of this state may, upon application made to him in writing
on behalf of the United States for that purpose, accompanied by the proper
evidence of said reservation, purchase, contract or acquisition of record,
describing the land sought to be ceded by convenient metes and bounds,
thereupon, in the name and on behalf of this state, cede to the United
States exclusive jurisdiction over the land so reserved, purchased or
acquired and sought to be ceded; the United States to hold, use, occupy,
own, possess and exercise said jurisdiction over the same for the purposes
aforesaid, and none other whatsoever; provided, always, that the consent
aforesaid is hereby given and the cession aforesaid is to be granted
and made as aforesaid, upon the express condition that this state shall
retain a concurrent jurisdiction with the United States in and over the
land or lands so to be ceded, and every portion thereof, so far that
all process, civil or criminal, issuing under authority of this state,
or of any of the courts or judicial officers thereof may be executed
by the proper officers thereof, upon any person amenable to the same,
within the limits and extent of lands so ceded, in like manner and to
like effect as if this law had never been passed; saving, however, to
the United States security to the property within said limits and extent,
and exemption of the same, and of said lands from any taxation under
the authority of this state while the same shall continue to be owned,
held, used and occupied by the United States for the purposes above expressed
and intended, and not otherwise.
140
6.05 Transfer of title to and jurisdiction over land owned by state.
-Whenever a tract of land containing not more than four acres shall be
selected by an authorized officer or agent of the United States for the
bona fide purpose of erecting thereon a lighthouse, beacon, marine hospital
or other public work, and the title to the said land shall be held by
the state, then on application by the said officer or agent to the governor
of this state, the said executive may transfer to the United States the
title to, and jurisdiction over, said land; provided, always that the
said transfer of title and jurisdiction is to be granted and made, as
aforesaid, upon the express condition that this state shall retain a
concurrent jurisdiction with the United States, in and over the lands
so to be transferred, and every portion thereof, so far that all process,
civil or criminal, issuing under authority of this state or any of the
courts or judicial officers thereof, may be executed by the proper officer
thereof, upon any person amenable to the same, within the limits and
extent of the lands so ceded, in like manner and to like effect as if
this law had never been passed; saving, however, to the United States,
security to their property within said limits or extent. The said lands
shall hereafter remain the property of the United States and be exempt
from taxation as long as they be needed for said purposes.
Title VI, chapter 46, section--
46.12 Military, naval or other service as residence.--Any person in
any branch of service of the government of the United States, including
military and naval service, and the husband or the wife of any such person,
if he or she be living within the borders of the State of Florida, shall
be deemed prima facie to be a resident of the State of Florida for the
purpose of maintaining any suit in chancery or action at law. Laws 1943,
c. 21966, 1.
GEORGIA
Constitution of the State of Georgia of 1945, article VI, section XIV,
chapter 2-49--
2-4901. (6538) paragraph 1. Divorce cases.--Divorce cases shall be
brought in the county where the defendant resides, if a resident of this
state; if the defendant be not a resident of this state, then in the
county in which the plaintiff resides, provided, that any person who
has been a resident of any United States Army Post or military reservation
within the State of Georgia for one year next preceding the filing of
the petition may bring an action for divorce in any county adjacent to
said United States Army Post or military reservation.
141
The Code of Georgia of 1933, sections--
15-301. (25) Cession to the United States of land for public buildings,
forts, etc.--The consent of the State is hereby given, in accordance
with the 17th clause, section 8, of article 1, of the Constitution of
the United States, to the acquisition by the United States, by purchase,
condemnation or otherwise, of any lands in this State which have been
or may hereafter be acquired for sites for customs houses, courthouses,
post offices, or for the erection of forts, magazines, arsenals, dockyards,
and other needful buildings. (Acts 1906, p. 126; 1927, p. 352.)
15-302. (26) Jurisdiction.--Exclusive jurisdiction in and over any
lands so acquired by the United States is hereby ceded to the United
States for all purposes except service upon such lands of all civil and
criminal process of the courts of this State; but the jurisdiction so
ceded shall continue no longer than said United States shall own such
lands. The State retains its civil and criminal jurisdiction over persons
and citizens in said ceded territory, as over other persons and citizens
in this State, except as to any ceded territory owned by the United States
and used by the Department of Defense, but the State retains jurisdiction
over the regulation of public utility services in any ceded territory.
Nothing herein shall interfere with the jurisdiction of the United States
over any matter or subjects set out in the acts of Congress donating
money for the erection of public buildings for the transaction of its
business in this State, or with any laws, rules, or regulations that
Congress may adopt for the preservation and protection of its property
and rights in said ceded territory, and the proper maintenance of good
order therein. (Acts 1890-1, p. 201; 1927, p. 352, p. 264.)
15-303. Time of vesting of jurisdiction; redemption of lands from
taxation.--The jurisdiction hereby ceded shall not vest until the United
States shall have acquired the title to the said lands by purchase, condemnation
, or otherwise; and as long as the said lands shall remain the property
of the United States when acquired as aforesaid, and no longer, the same
shall be and continue exempt and exonerated from all State, county, and
municipal taxation, assessment, or other charges which may be levied
or imposed under authority of the State. (Acts 1927, p. 352.)
30-107. (2950) Period of petitioner's residence in State.-No court
shall grant a divorce of any character to any person who has not been
a bona fide resident of the State six months before the filing of the
application for divorce: Provided, that any person who has been a resident
of any United States army post or military reservation within the State
of Georgia for one year next preceding the filing of the petition may
being an action for divorce in any county adjacent to said
142
United States army post or military reservation. (Acts 1893, p. 109;
1939, p. 203; 1950, p. 429.)
45-336. Federal game regulations on United States Government lands
in Georgia; consent of State.--The consent of the General Assembly is
hereby given to the making by Congress of the United States, or under
its authority, of all such rules and regulations as the Federal Government
shall determine to be needful in respect to game animals, game and non
game birds, and fish on such lands in the northern part of Georgia as
shall have been, or may hereafter be, purchased by the United States
under the terms of the Act of Congress of March 1, 1911, entitled, "An
Act to enable any State to cooperate with any other State or States or
with the United States for the protection of the watersheds of navigable
streams and to appoint a commission for the acquisition of lands for
the purpose of conserving the navigability of navigable rivers" (36 United
States Statutes at Large, page 961), and Acts of Congress supplementary
thereto and amendatory thereof, and in or on the waters thereof. (Acts
1922, p.106.)
IDAHO
Idaho Code containing the General Laws of Annotated (Published by authority
of Laws 1947, chapter 224) chapter 7, sections--
58-701. Military lands--Yellowstone National Park lands-Cession--Jurisdiction
for execution of process reserved.--Pursuant to article 1, section 8,
paragraph 17, of the Constitution of the United States, consent to purchase
is hereby given, and exclusive jurisdiction ceded, to the United States
over and with respect to all lands embraced within the military posts
and reservations of Fort Sherman and Boise Barracks, together with such
other lands in the state as may be now or hereafter acquired and held
by the United States for military purposes, either as additions to the
said posts or as new military posts or reservations which may be established
for the common defense; and, also, all such lands within the state as
may be included in the territory of the Yellowstone National Park, reserving,
however, to the state a concurrent jurisdiction for the execution, upon
said lands, or in the buildings erected thereon, of all process, civil
or criminal, lawfully issued by the courts of the state, and not incompatible
with this cession. [1890-1891, p. 40, 1; reen. 1899, p. 22, 1; reen.
R.C. & C.L., 27; C.S., 70; I.C.A., 56-601.]
58-702. Consent to purchases by United States--Jurisdiction for execution
of process reserved.--Consent is given to any purchase already made,
or that may hereafter be made, by the government of the United States,
of any lots, or tracts of land, within this state, for the use of such
government, and to erect thereon and use such buildings,
143
or other improvements, as may be deemed necessary by said government;
and over such lands and the buildings, or improvements, that are, or
may be, erected thereon, the said government shall have entire control
thereon all process, civil or criminal, lawfully issued by the courts
of this state, and not incompatible with this cession. [1895, p. 21,
1; reen. 1899, p. 235, 1; reen. R.C. & C.L., 28; C.S., 71; I.C..A.,
56-602.]
58-705. Consent to land purchase for migratory labor homes projects
-Jurisdiction.--Consent is given to any purchase already made, or that
may hereafter be made, by the government of the United States of any
lots, or tracts of land within this state, for migratory labor homes
projects; and over such lands and the buildings or improvements that
are, or may hereafter be, erected thereon the United States shall have
entire control and jurisdiction, except that the state shall have jurisdiction
to execute thereon any process, civil or criminal, lawfully issued by
the courts of this state, and not incompatible with this cession. [1943,
ch. 152, 1, p. 308.]
ILLINOIS
The two acts of July 10, 1953, repealed all other pertinent statutes.
An act to repeal "An Act ceding to the United States exclusive jurisdiction
over certain lands acquired for public purposes within this State, and
authorizing the acquisition thereof", approved April 11, 1899
Be it enacted by the People of the State of Illinois, represented in
the General Assembly:
SECTION 1. "An Act ceding to the United States exclusive jurisdiction
over certain lands acquired for public purposes within this state, and
authorizing the acquisition thereof," approved April 11, 1899, is repealed.
(Approved July 10, 1953. Ill.Rev.Stat., Vol. 2, p. 1430.)
An act to repeal "An Act in relation to the acquisition of land in the
State by the United
States for governmental purposes", approved June 30, 1923
Be it enacted by the People of the State of Illinois, represented in
the General Assembly:
SECTION 1. "An Act in relation to the acquisition of land in the State
by the United States for governmental purposes," approved June 30, 1923
is repealed. (Approved July 10, 1953. Ill. Rev. Stat., Vol. 2, 143.)
Jones Illinois Statutes Annotated, chapter 137, sections--
An act granting to the Government of the United States the right to enter
upon and take possession of such small tracts or parcels of land lying
within the State of Illinois, and on the waters of the Ohio and Wabash
rivers, as may be necessary to facilitate the improvement of said rivers.
(Approved April 15, 1875. In force July 1, 1875. L. 1875 p.88.)
144
Preamble.] Whereas, the government of the United States has begun,
and will probably continue the improvement of the Ohio and Wabash rivers;
and whereas, it may be advisable, for the removal of all doubts as to
the right of the general government to acquire real estate and establish
public works within the limits of any State without the consent of such
State: therefore,
137.02 Consent of State given United States to enter land to improve
Ohio and Wabash rivers.] SECTION 1. Be it enacted by the People of
the State of Illinois, represented in the General Assembly, That the
consent of the State of Illinois be and is hereby given to the government
of the United States to enter upon such small parcels or tracts of land
lying on the bank of the Ohio and Wabash rivers, within the State of
Illinois, as may be necessary for the construction of locks, lock-keepers'
dwellings, and abutments or other works, to be used to facilitate the
improvement of the channels of said rivers.
137.03 Eminent domain.] 2. All cases of damages that may arise under
the provisions of this Act shall be settled as provided for in "An Act
to provide for the exercise of the right of eminent domain," approved
April 10, 1872. In force July 1, 1872.
For act referred to in text of this section, see 109.248-109.261.
137.04 Exclusive jurisdiction ceded.] 3. Exclusive jurisdiction is
hereby ceded to the United States over all or any lands acquired under
the provisions of this Act.
INDIANA
Burns Indiana Statutes Annotated (1951 Replacement), title 62, chapter
10, sections--
62-1001 [13993]. Jurisdiction ceded to United States.--The jurisdiction
of this state is hereby ceded to the United States of America over all
such pieces or parcels of land within the limits of this state as have
been or shall hereafter be selected and acquired by the United States
for the purpose of erecting postoffices, custom-houses or other structures
exclusively owned by the general government and used for its purposes:
Provided, That an accurate description and plat of such lands so acquired,
verified by the oath of some officer of the general government having
knowledge of the facts, shall be filed with the governor of the state;
And, provided further, That this cession is upon the express condition
that the state of Indiana shall so far retain concurrent jurisdiction
with the United States in and over all lands acquired or hereafter acquired
as aforesaid that all civil and criminal process issued by any court
of competent jurisdiction or officer having authority of law to issue
such process, and all orders made by such court or any judicial officer
duly empowered to make such orders necessary to be served upon any person,
may be executed upon said
145
lands, and in the buildings that may be erected thereon, in the same
way and manner as if jurisdiction had not been ceded as aforesaid [Acts
1883, ch. 7, 1, p. 8]
62-1002 [13994]. Exemption from taxation-Limitations,--The lands aforesaid,
when so acquired, shall forever be exempt from all taxes and assessments
so long as the same shall remain the property of the United States: Provided,
however, That this exemption shall not extend to or include taxes levied
by the state of Indiana upon the gross receipts or income of any person,
firm, partnership, association, or corporation which is received on account
of the performance of contracts or other activities upon such lands or
within the boundaries thereof. [Acts 1883, ch. 7, 2, p. 8; 1901, ch.
158, 1, p. 344; 1941, ch. 211, 1, p. 641.]
62-1003 [13995]. Light-house sites--Jurisdiction ceded to United States.
-Whenever the United States desires to acquire title to land belonging
to the state, and covered by the navigable waters United States, within
the limits thereof, for the site of a lighthouse, beacon, or other aid
to navigation, and application is made by a duly authorized agent of
the United States, describing the site required for one [1] of the purposes
aforesaid, then the governor of the state is authorized and empowered
too convey the title to the United States, and to cede to the said United
States jurisdiction so far that all process, civil or criminal, issuing
under the authority of the state, may be executed by the proper officers
thereof upon any person or persons amenable to the same, within the limits
of the land so ceded, in like manner and to like effect as if this act
[section] had never been passed. [Acts 1875 (Spec. Sess.), ch. 14,
1, p. 60.]
62-1007 [13999]. Condemnation by United States for river improvements.
-Whenever the United States shall begin the improvement of any navigable
river within or bordering upon this state, by means of locks, dams and
adjustable chutes, the consent of the state of Indiana is hereby given
to the acquisition, be the United States, by purchase or by condemnation,
in the manner hereinafter provided, of any lands, buildings, or other
property necessary for the purpose of erecting thereon dams, abutments,
locks, lock-keepers' houses, chutes, and other necessary structures for
the construction and maintenance of slack-water navigation on said land
or lands, buildings and other property, when purchased or acquired as
provided by this act [62-1007--62-1009], and shall exercise jurisdic
146
tion and control over the same. [Acts 1875 (Spec. Sess.), ch 34, 1,
p. 81.]
62-1008 [1400]. Proceedings, how had.--If the United States shall
determine to take the lands, buildings or other property necessary for
the purposes mentioned in the preceding section, and can not agree with
the owner or owners of such land, buildings or other property as to the
amount of compensation to be made for such taking, the circuit court
having jurisdiction in the county where such lands, buildings or other
property are situated, upon application by either the United States or
the said owner or owners, or any one in behalf of either, shall appoint
three [3] disinterested freeholders to ascertain and determine the amount
of compensation to be paid to such owner or owners who shall make a report
to the said court of their award, on or before the first term next after
their appointment: Provided, That the said United States shall not be
authorized to take possession or use or occupy the lands, buildings or
other property taken under the provision of this section until the amount
of said award shall be paid to the owner or owners thereof: An provided,
further: That the said court may set said the report of said viewers,
upon being satisfied that the amount of said award is excessive. [Acts
1875 (Spec. Sess.), ch. 34, 2, p. 81.]
62-1010 [14002]. United States may purchase for ohio or Wabash River
improvements.--The consent of the legislature of the state of Indiana
is hereby given to the purchase, by the government of the United States,
or under the authority of the same, of any tract, piece or parcel of
land from any individual or individuals, bodies politic or corporate,
on the banks of the Ohio or Wabash River, within the limits of this state,
for the purpose of creating thereon locks, dams, abutments, lock-keepers'
dwellings, or other structures which may be necessary in connection with
the improvement of the said river; and all deeds and conveyances of title
papers for the same shall be recorded as in other cases upon the land
records of the county in which the lands so conveyed may be--the consent
herein and hereby given being in accordance with the seventeenth clause
of the eighth section
147
of the first article of the Constitution of the Unites States, and with
the acts of congress in such cases made and provided. [Acts 1877, ch.
50, 1, 90.]
62-1011 [14003]. Condemnation.--In case of failure of the United States
to agree with the owner or owners of any such land as the United States
may deem necessary for the purposes named in the preceding section, within
this state, it shall be lawful for the United States to apply for the
condemnation of such, land, not exceeding ten [10] acres in any one [1]
place, by petition to any judge of a court of record of this state in
or nearest to the county where the land may be situated, either in term
time or vacation, notice of the time and place of such application having
been first duly given by publication for thirty [30] days prior to the
day of such application in some newspaper of general circulation published
in the county where the land lies, or, if the owner or owners reside
in the state of Indiana, by personal service upon the owner or owners
of such land at least twenty [20] days prior to such application, and
thereupon it shall be lawful for such judge to appoint three [3] disinterested
freeholders of the county where such land lies as commissioners, who,
having been first duly sworn to well and truly appraise the damages due
the owner or owners of said land so proposed to be taken, shall report,
in writing, to said judge the amount of damages to be paid to the owner
or owners of said land, the title of said land shall vest in the United
States. Exclusive jurisdiction and right of assessment and taxation
is hereby ceded to United States over an lands acquired under the provisions
of this act [ 62-1010--62-1012] and over the buildings or property
of the United States situated thereon [Acts 1877, ch. 50, 2, p. 90.]
62-1012 [14004]. Process of state courts.--This act [ 621010--62
1012] shall not be construed in such manner ass to debar or hinder the
process of any court or judge of this state from running within the boundaries
of the lands so acquired by the United States, or over any part of such
land, for any longer time than the said lands shall be used for the purposes
after said. {Acts 1877, ch. 50, 3, p. 90.]
62-1013 [14005]. Condemnation by United States.--Whenever the United
States of America shall desire to acquire title to a tract of land in
the state of Indiana, for any purposes, and the sid state shall have
given its consent to such acquisition, it shall be lawful for the said
United States to acquire title to such tract of and by condemnation in
the manner hereinafter provided. [Acts 1875, ch. 115, 1, p. 163.]
148
62-1021. Consent of state to acquisition of land.--The consent of
the state of Indiana is hereby given to the acquisition by the United
States of America by purchase,gift, or condemnation with adequate compensation
such lands in the state of Indiana as the United States of America may
desire to purchase and acquire, pursuant to any act of Congress for the
acquisition, establishment, maintenance, and development of fish hatcheries,
wild life preserves, forest preserves, or for agricultural, recreational,
or experimental uses. [Acts 1937, ch. 52, 1, p. 291.]
62-1022. Powers granted United States of America.--The United States
of America is hereby granted all the power and authority necessary for
the maintenance, development, control, and administration of such lands
as may be acquired by virtue of this act [ 62-1021--62-1027] through
its officers, agents, or employees, or through cooperative agreement
with the department of conservation of the state of Indiana, except as
herein otherwise provided. [Acts 1937, ch. 52, 2, p. 291.]
62-1024. Concurrent jurisdiction--Exclusive rights retained by state
-Exception.--(a) The state of Indiana shall retain concurrent jurisdiction
with the United States in and over lands so acquired, so far that civil
process in all cases and such criminal process as may issue under the
authority of the state of Indiana against and person charged with the
commission of any crime, without or within said jurisdiction, may be
executed thereon in the same manner as if this act [ 62-1021--62-1027]
had not been passed.
(b) The state of Indiana shall retain the exclusive right to regulate
the taking, killing, or hunting of wild birds or wild animals, except
migratory birds, on any and all land acquired by the United States under
the provisions of this act in the same manner and to the same extent
as it may lawfully regulate the taking, killing, or hunting of wild birds
or wild animals on land owned by the state and used for conservation
purposes. [Acts 1937, ch. 52, 4, p. 291.]
IOWA
The Code of Iowa, 1954, title 1, chapter 1, sections--
1.2 Sovereignty. The state possesses sovereignty coextensive with
the boundaries referred to in section 1.1, subject to such rights as
may the boundaries referred to in section 1.1, subject to such rights
as may at any time exist in the United States in relation to public lands,
or to any establishment of the national government. [C51, 2; R60,
2; C73, C97, 2; C24, 27, 31, 35, 39, 2; C46, 50, 1.2].
1.3 Concurrent jurisdiction. The state has concurrent jurisdiction
on the waters of any river or lake which forms a common boundary be-
149
tween this and any other state. [C51, 3;R60, 3; C79, 3; C24, 27,
31, 39, 3; C46, 50, 1.3].
See act of congress, Aug. 4, 1846 [9 Stat. L, p.56].
1.4 Acquisition of lands by United States. The United States of America
may acquire by condemnation or otherwise for any of its uses or purposes
any real estate in this state, and may exercise jurisdiction there over
but not to the extent of limiting the provisions of the laws of this
state.
This state reserves, when not in conflict with the constitution of
the United States or any law enacted in pursuance thereof, the right
of service on real estate held by the United States of any notice or
process authorized by its laws; and reserves jurisdiction, except when
used for naval or military purposes, over all offenses committed thereon
against its laws and regulations and ordinances adopted in pursuance
thereof.
Such real estate shall be exempt from all taxation, including special
assessments, while held by the United States except when taxation of
such property is authorized by the United States. [R60, 2197, 2198;
C73, 4; S13, 4a-4d, 2024c; C24, 27, 31, 35, 39, 4; C46, 50,
1.4].
Title XVI, chapter 427, section--
427.1 Exemptions. The following classes of property shall not be
taxed:
1. Federal and state property. The property of the United States and
this state, including university, agricultural college, and school lands.
The exemption herein provided shall not include any real property subject
to taxation under any federal statute applicable thereto, but such exemption
shall extend to and include all machinery and equipment owned exclusively
by the United States or any corporate agency or instrumentality thereof
without regard to the manner of the affixation of such machinery and
equipment to the land or building upon or in which such property is located,
until such time as the congress of the United States shall expressly
authorize the taxation of such machinery and equipment.
KANSAS
General Statutes of Kansas, Annotated, 1949 (Authenticated by the Attorney
General and Secretary of State of the State of Kansas)
Chapter 27, article 1 sections--
27-101. Consent given to the United States to acquire land. That
the consent of the state of Kansas is hereby given, in accordance with
the provisions of paragraph number seventeen, section eight, article
150
one of the Constitution of the United States, to the acquisition by the
United States, by purchase, condemnation or otherwise, of any land in
the state of Kansas, which has been, or may hereafter be, acquired for
custom houses, courthouses, post offices, national cemeteries arsenals,
or other public buildings, or for other purpose of the government of
the United States. [L. 1927, ch. 206, 1; March 17.]
27-102. Jurisdiction. The exclusive jurisdiction over and within
any lands so acquired by the United States shall be, and the same is
hereby, ceded to the United States, for all purposes; saving, however,
to the state of Kansas the right to serve therein any civil or criminal
proc authority of the state, in any action on account of rights acquired,
obligations incurred or crimes committed in said state, but outside the
boundaries of such land; and saving further to said state the right to
tax the property and franchises of any railroad, bridge or other corporations
within the boundaries of such lands;but the jurisdiction hereby ceded
shall not continue after the United States shall cease to own said lands.
[L. 1927, ch. 206, 2; March 17.]
27-102a. Exemption from taxation. That the jurisdiction hereby ceded
shall not vest until the United States shall have acquired the title
to said lands; and as long as said lands shall remain the property of
the United states, the same shall be exempt from all state, county and
municipal taxes. [L. 1927, ch. 206, 3; March 17.]
27-102b. Taxing certain property upon military reservations. The
property of any private corporation engaged in the business of owning
or operating housing projects upon United States military reservations
in this state shall be assessed and taxed annually, and the county in
which the housing project lies geographically as determined by the descriptions
set out in chapter 18 of the General Statutes of 1949 shall have jurisdiction
over such housing projects for the purposes of taxation. [L. 1951, ch.
506, 1; Feb. 28.]
27-102c. Same; property declared personalty; collection. For the
purposes of valuation and taxation, all buildings,, fixtures and improvements
of such housing projects on such military reservations are hereby declared
to be personal property and shall be assessed and taxed as such, and
the taxes imposed on such buildings, fixtures and improvements shall
be collected by levy and sale of the interest of such owner, in the same
manner as provided in other cases for the collection of taxes on personal
property. [L. 1951, ch. 506, 2, Feb. 28.]
Chapter 60, article 15, section--
60-1502. Residence of plaintiff.--The plaintiff in an action for divorce
must have been an actual resident in good faith of the state for
151
one year next preceding the filing of the petition, and a resident of
the county in which the action is brought at the time the petition is
filed, unless the action is brought in the county where the defendant
resides or may be summoned: Provided, That any person who has been
a resident of any United States army post or military reservation within
the state of Kansas for one year next preceding the filing of the petition
may bring an action for divorce in any county adjacent to said United
States army post or military reservation. [L. 1909, ch. 182, 662;
R.S. 1923, 601502; L. 1933, ch. 216, 1; June 5.]
KENTUCKY
Kentucky Revised Statutes, 1953, as amended by the Act of March 13,
1954, sections--
SECTION 1. KRS 3.010 is amended to read as follows: "The Commonwealth
of Kentucky consents to the acquisition by the United States of all lands
an appurtenances in this state, by condemnation, gift or purchase, which
are needful to their constitutional purposes, but said acquisition shall
not be deemed to result in a cession of jurisdiction by this Commonwealth."
SECTION 2. Whenever the United States, or any agency thereof, shall
request the Commonwealth to cede jurisdiction over any areas, it shall
be the duty of the Governor to transmit such request to the next session
of the General Assembly for such action as it may deem proper.
SECTION 3. Whenever the United States accepts the cession of jurisdiction
over any area, the letter of acceptance shall be entered upon the Executive
Journal.
SECTION 4. The Commonwealth consents to any retrocession by the United
States of lands within its geographical boundaries whenever the United
States shall have ceased to exercise exclusive or special jurisdiction
over such lands. Inter alia, the conveyance of lands to private owners
shall be deemed to constitute a retrocession of jurisdiction.
Approved March 13, 1954.
3.020 [2376a-1; 2376b-1; 2376c-1,2376e-2; 2739f-2; 2739f-8; 3766e-17;
3766e-30] Jurisdiction retained for execution of process. Kentucky
retains jurisdiction for the execution of process, issued under its authority,
over all lands in Kentucky heretofore or hereafter ceded to or acquired
by the United States for the erection or establishment of post offices,
custom houses, courthouses, locks, dams, canals, parks, cemeteries or
forest reserves.
152
LOUSISIANA
Lousisiana Revised Statutes of 1950, title 52, chapter 1, section-
1. Consent of state to acquistion.--The United States, in accordance
with the seventteenth clause, eighth section of the first article of
the Constitution of the United States, may acquire and occupy any land
in Louisiana required for the purposes of the Federal Government. The
United States shall have exclusive jurisdiction over the property durig
the time that the United States is the owner or lessee of the property.
The property shall be exempt from all taaxation, assessments, or charges
levied under authority of the state.
The stte may serve all civil and criminal procss issuing under authority
of Louisiana on the property accquired by the United States.
(Source: Acts 1892, No. 12, 1. 2; Acts 1942, No. 31, 1.)
Title 56, chapter 2, section--
711. Protection of watersheds of navigable streams.--The consent
of the State of Louisiana is given to the Congress of the United States
to make or to authorize the proper authorities of the Government of the
United States to make such rules and regulations as the Government of
the United States determines to be needful in respect to game animals,
fish, and game and non-game birds on such lands and in the waters thereof
situated in the state as are purchased by the United States under the
terms of the Act of Congress of March 1, 1911, entitled "An Act to enable
any State to cooperste with any other state or with the United States
for the protection of the watersheds of navigable streams and to appoint
a commission for the acquisition of lands for the purpose of conserving
the navigability of navigable rivers", and Act of Congress supplementary
thereto and amendatory thereof.
(Source: Acts 1940, No. 52, 1.)
MAINE
Revised Statutes of the State of Maine, 1954, chapter 1, sections-
SEC. 1. Sovereignty and jurisdiction.--The jurisdiction and sovereignty
of the state extend to all places within its boundaries, subject only
to such rights of concurrent jurisdiction as are granted over places
ceded by the stte to the United States. (R.S. c. 1, 1.)
SEC. 2. Sovereignty in space.--Sovereignty in the space above the
lands and waters of the state is declared to rest in the stte, except
wher granted to and assumed by the United States prusuant to a constitutionalgra
nt from the people of this state. (R.S. c. 1, 2.)
SEC. 5. State processes executed i places ceded.--Civil, criminal
and military processes, lawfully issued by an officer of the state, may
153
be executed in places ceded to the United States, over which a concurrent
jurisdiction has been reserved for such purpose. (R. S. c. 1, 5.)
SEC. 6. Governor may cede not exceeding 10 acres to the United States;
compensation to owner.--The governor, with the advice and consent of
the council, reserving such jurisdiction, may cede to the United States
for purposes named in its constitution any territory not exceeding 10
acres, but not including any highway; nor any public or private burying
ground, dwelling house or meetinghouse, without consent of the owner.
If compensation for land is not agreed upon, the estate may be taken
for the intended purpose by payment of a fair compensation, to be ascertained
and determined in the same manner as, and by proceedings similar to those
provided for ascertaining damages in locating highways, in chapter 89.
(R.S. c. 1, 6, 7.]
SEC. 7. Governor may purchase or take land for forts, etc., and may
cede to the United States; compensation to owner; limitation.--
Whenever the public exigencies require it, the governor with the advice
and consent of the council may take in the name of the state, by purchases
and deed, or in the manner herein denoted, any lands or right of ways,
for the purpose of erecting, using or maintaining any fort, fortification,
arsenal, military connection, way, deliver possession and cede the jurisdiction
thereof to the United States, on such terms as are deemed expedient.
The owner of any land or rights taken shall have a just compensation
therefor, to be determined as prescribed in section 6, provided that
application is made within 5 years after the land is taken. (R.S. c.
1, 8, 10.)
SEC. 8 Land surveyed; plan, etc., to be filed and recorded.-When the
governor and council determine that a public exigency requires the taking
of any land or rights as provided for in section 7, they shall cause
the same to be surveyed, located and so described that the same can be
identified, and a plan thereof, with a copy of the order in council,
shall be filed in the office of the secretary of state and there recorded.
The filing of said plain and copy shall vest the title to the land and
rights aforesaid, in the state of Maine or their grantees, to be held
during the pleasure of the state and, if transferred to the United States,
during the pleasure of the United States. (R.S. c. 1, 9)
154
SEC. 9. Consent of legislature to acquisition by United States of land
within the state for public buildings; record of conveyances.--In accordance
with the constitution of the United States, Article 1, Section VIII,
Clause 17, and acts of congress in such cases provided, the consent of
the legislature is given to the acquisition by the United States, or
under its authority, by purchase, condemnation or otherwise, of any land
in this state required for the erection of lighthouses or for sites for
customhouses, courthouses, post offices, arsenals or other public buildings,
or for any other purposes of the government, deeds and conveyances or
title papers for the same shall be recorded upon the land records of
the county or registry district in which the land so conveyed may lie;
and in like manner may be recorded a sufficient description by metes
and bounds, courses and distances, of any tracts and legal divisions
of any public lands belonging to the United States set apart by the general
government for either of the purposes before mentioned, by an order,
patent or other official paper so describing such land. (R.S. c. 1, 11)
SEC. 10. Jurisdiction ceded to United States over land acquired for
public purposes; concurrent jurisdiction with United States retained.
-Exclusive jurisdiction in and over any land acquired under the provisions
of this chapter by the United States shall be, and the same is ceded
to the United States for all purposes except the service upon such sites
of all civil and criminal processes of the courts of this state; provided
that the jurisdiction ceded shall not vest until the United States of
America has acquired title to such land shall remain the property of
the United States, and no longer; such jurisdiction is granted upon the
express condition that the state of Maine shall retain a concurrent jurisdiction
with the United States on and over such lands as have been or may hereafter
be acquired by the United States so far as that all civil and criminal
process which amy lawfully issue under the authority of this state may
be executed thereon in the same manner and way as if said jurisdiction
had not been ceded, except so far as said process may affect the real
or personal property of the United States. (R.S. c. 1, 12.)
SEC. 12. Relinquishment to United States to title to land for erection
of lighthouses, forts, etc., when title cannot otherwise be obtained;
disposal of purchase money.--Whenever, upon application of an authorized
agent of the United States, it is made to appear to any justice
155
of the superior court that the United States desires to purchase a tract
of land and the right of way thereto, within the state, for the erection
of a lighthouse, beacon light, range light or light keeper's dwelling,
forts, batteries or other public buildings, and that any owner is a minor,
or is insane, or is from any cause incapable of making perfect title
to said lands, or is unknown, or a nonresident, or from disagreement
in price or any other cause refuses to convey such land to the United
States, said justice shall order notice of said application to be published
in some newspaper in the county where such land lies, if any, otherwise
in a paper in this state nearest to said land, once a week for 3 weeks,
which notice shall contain an accurate description of said land, with
the names of the supposed owners, provable in the manner required for
publications of notice in chapter 112, and shall require all persons
interested in said land on a day specified in said notice to file their
objections to the proposed purchase, and at the time so specified a justice
of said court shall empanel a jury, in the manner provided for the trial
of civil actions, to assess the value of said land at its fair market
value and all damages sustained by the owner of such land by reason of
such appropriation; which amount when so assessed, with the entire costs
of said proceedings, shall be paid into the treasury of said county,
and thereupon the sheriff thereof, upon the production of the certificate
of the treasurer that said amount has been paid, shall execute to the
United States and deliver to its agent a deed of said land, reciting
the proceedings in said cause, which deed shall convey to the United
states a good and absolute title to said land against all persons. The
money paid into such county treasury shall there remain until ordered
to be paid our by a court of competent jurisdiction. (R. S. c.1,
14,15.)
MARYLAND
The Annotated Code of Maryland, Edition of 1951, article 16, section
-
An. Code, 1939, sec. 39, 1924, sec. 37A. 1927, chs. 225 and 494. 1947,
ch. 849, sec. 39
32. All persons residing on property lying within the physical boundaries
of any county of this State or within the boundaries of the City of Baltimore
but on property over which jurisdiction is exercised by the Government
of the United States by virtue of the 17th clause, 8th section of first
article of the Constitution of the United States, and section 31 and
35 of article 96 of the Annotated Code of the Public Laws of Maryland,
shall be considered as residents of the State of Mary land and of the
County or City of Baltimore, as the case may be, in which the land is
situate for the purpose of jurisdiction in the
156
Courts of Equity of this State in all applications for divorce and for
annulment of marriage.
Article 96, sections--
An. Code, 1939, sec. 1. 1924, sec. 1. 1912, sec. 1. 1888, sec. 1. 1874,
ch. 193,
sec. 1
1. The consent of the State is given to the purchase by the government
of the United States, or under the authority of the same, of any tract,
piece or parcel of land not exceeding five acres, from any individual
or individual, bodies politic or corporate within the boundaries or limits
of the State, for the purpose of erecting thereon light-houses, beacons
and other aids to navigation; and all deeds and conveyances of title
papers for the same shall be recorded, as in other cases, upon the land
records of the county in which the lands so conveyed may lie; the consent
herein given being in accordance with the seventeenth clause of the eighth
section of the first article of the constitution of the United States
and with the acts of Congress in such cases made and provided.
An. Code, 1939, sec 2. 1924, sec. 2. 1912, sec, 2. 1904, sec. 2 1888,
sec. 2. 1874,
ch. 193, sec. 2
2. With respect to land covered by the navigable waters within the
limits of the State, and on which a lighthouse, beacon or other aid to
navigation has been built, or is about to be built, the governor of the
State, on application of an authorized agent of the United States, setting
forth a description of the site required, is authorized and empowered
to convey the title to the United States, and to cede jurisdiction over
the same; provided, no single tract shall contain more then five acres.
An. Code, 1939, sec. 3. 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1888,
sec. 3. 1874, ch. 193.
sec. 3
3. The lots, parcels or tracts of land so ceded to the United States,
together with the tenements and appurtenances, for the purpose before
mentioned, shall be held exempt from taxation by the State of Maryland.
An. Code, 1939, sec. 4. 1924, sec. 4. 1912, sec. 4. 1904, sec. 4. 1888,
sec. 4, 1888, sec. 4. 1874.
ch. 192, sec. 4
4. This State shall retain concurrent jurisdiction with the United
States in and over the tracts of land aforesaid, so that criminal and
civil processes, issued under the authority of the State by any officer
thereof, may be executed on said lands and in the buildings that may
be erected thereon, in the same way and manner as if jurisdiction had
not been ceded; and exclusive jurisdiction shall revert to and revest
in this State whenever the said tract of land shall permanently cease
to be
157
used and occupied by the United States for any of the purposes heretofore
enumerated.
An. Code, 1939, sec. 5. 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1888,
sec. 5. 1874,
ch. 395, sec. 1
5. Whenever the United States are desirous of purchasing or procuring
the title to any tract, piece or parcel of lad within the boundaries
or limits of this State, for the purpose of erecting thereon any lighthouse,
beacon-light, range-light, light-keeper's dwelling, forts, magazines,
arsenals, dockyards, buoys, public piers, or necessary public buildings
or improvements connected therewith, and cannot agree with the owner
thereof as to the price and for the purchase thereof; or it the owner
be feme covert, under age, non compos mentis, or of the county wherein
the said land lies, or for any other cause is incapable of making a perfect
title to said lands, the United States, by any agent authorized under
the hand and seal of any member of the president's cabinet, may apply
by petition in writing to the circuit court for the county where the
land lies; which petition shall be filed with the clerk of said court,
to have the said land condemned for the use and benefit of the United
States; and any such agent of the United States may, for the purpose
of ascertaining its bounds and quantity, enter upon the lands, without
injury thereto, which the United States may desire to purchase for any
of the purposes aforesaid.
An. Code, 1939, sec. 17. 1924, sec. 17. 1912, sec. 17. 1904, sec. 17
1888, sec. 17. 1874,
ch. 305, sec. 13
17. Jurisdiction is hereby ceded to the United States over such lands
as shall be condemned as aforesaid for their use for public purposes,
as soon as the same shall be condemned, under the sanction of the general
assembly of this State hereinbefore given to said condemnation; provided,
always, that this State shall retain concurrent jurisdiction with the
United States in and over all lands condemned under the provisions of
this Article, so far as that all processes, civil and criminal, issuing
under the authority of this State, or any of the courts or judicil officers
thereof, may be executed on the premises so condemned, and in any building
erected or to be erected thereon, in the same way and manner as if this
Article had not been passed; and exclusive jurisdiction shall revert
to and revest in the State whenever the said premises shall cease to
be owned by the United States and used for some of the purposes mentioned
in this Article.
An. Code, 1939, sec. 18. 1912, sec. 18. 1904, sec. 18. 1888, sec. 18.
1874,
ch. 395, sec. 14
18. All the lands that may be condemned under the provisions of this
158
Article, and the buildings and improvements erected or to be erected
thereon, and the personal property of the United States, and of the officers
thereof, when upon said land, shall be exonerated and exempted from taxation
for state and county purposes, so long as the said land shall continue
to be owned by the United States and used for any of the purposes specified
in this Article, and no longer.
An. Code, 1939, sec. 19. 1924, sec. 19. 1912, sec. 19. 1904, sec. 19.
1900, ch. 67, sec. 19
19. The consent of the State is given to the purchase by the government
of the United States, or under the authority of the same, from any individual
or individuals, bodies politic or corporate, of any tract, piece or parcel
of land within the boundaries or limits of the State for the purpose
of erecting thereon forts, magazines, arsenals, coast defenses or other
fortifications of the United States, or for the purpose of erecting thereon
barracks, quarters and other needful buildings for the use of garrisons
required to man such forts, magazines, arsenals, coast defenses or fortification
s; and all deeds and title papers for the same shall be recorded as in
other cases upon the land records of the county in which the land so
conveyed may be; the consent herein given being in accordance with the
seventeenth clause of the eighth section of the first article of the
constitution of the United States and with the acts of congress in such
cases made and provided.
An. Code, 1939, sec. 21. 1924, sec. 21. 1912, sec.21. 1904, sec. 21.
1900, ch. 97,
sec. 21
24. The provisions of sections 17 and 18 of this Article shall apply
to all property or lands purchased or acquired by the United States under
the provisions of Sections 19 and 20 of this Article.
159
An. Code, 1939, sec. 23. 1924, sec. 28, 1912, sec. 28. 1904, sec. 26.
1902, ch. 263,
secs. 1, 2. 1904, ch. 357, secs. 1, 2. 1908, ch. 194
28. The jurisdiction of the State of Maryland is hereby ceded to the
United States of America over so much land as has been or may be hereafter
acquired for public purposes of the United States; provided, that the
jurisdiction hereby ceded shall not vest until the United States of America
shall have acquired the title to the lands, by grant or deed, from the
owner or owners thereof, and evidences thereof shall have been recorded
in the office where, by law, the title to said land is required to be
recorded and the United States of America are to retain such jurisdiction
so long as such lands shall be for the purposes in this section mentioned,
and no longer; and such jurisdiction is granted upon the express condition
that the State of Maryland shall retain a concurrent jurisdiction with
the United States in and over the said lands, so far as that civil process
in all cases not affecting real or personal property of the United States,
and such criminal or other process as shall issue under the authority
of the State of Maryland against any person or persons charged with crimes
or misdemeanors committed within or without the limits of said lands
may be executed therein, in the same way and manner as if no jurisdiction
had been hereby ceded. All lands and tenements which may be granted
as aforesaid to the United States shall be and continue so long as the
same shall be used for the purposes in this section mentioned, exonerated
and discharged from all taxes, assessment and other charges which may
be imposed under the authority of the State of Maryland; provided, however,
that the rights of citizenship and other rights as residents of Charles
County of persons domiciled on land owe by the United States at Indian
Head shall be continued and enjoyed by them to the same extent as now
provided by law for persons domiciled at the Naval Academy at Annapolis
as residents of Anne Arundel County.
An. Code, 1939, sec. 31. 1924, sec. 31 1912, sec. 31. 1906, ch. 743,
sec. 1
31. The consent of the State of Maryland is hereby given in accordance
with the seventeenth clause, eighth section of the first article of the
constitution of the United States, to the acquisition by the United States
by purchase, condemnation or otherwise of any land in this State required
for sites for custom houses, courthouses, post offices, arsenals or other
public buildings, whatever, or for any other purposes of the government.
An. Code, 1939, sec. 32. 1924, sec. 32. 1912, sec. 32. 1906, ch. 743,
sec. 2
35. Exclusive jurisdiction in and over any land so acquired by the
United States shall be and the same is hereby ceded to the United States
for all purposes except the service upon such sites of all civil
160
and criminal process of the courts of this State, but the jurisdiction
so ceded shall continue no longer than the said United States shall own
such lands.
An. Code. 1939, sec. 33. 1924, sec. 33. 1912, sec. 33. 1906, ch. 743,
sec. 3
26. The jurisdiction ceded shall not vest until the United States shall
have acquired the title to said lands by purchase, condemnation or otherwise;
and so long as the said lands shall remain the property of the United
States when acquired as aforesaid, and no longer, the same shall be and
continue exempt and exonerated from all State, county and municipal taxation,
assessment, or other charges which may be levied or imposed the authority
of this State.
1947 Supp., sec. 41. 1943, ch. 687
46. Notwithstanding anything contained in any of the sections of this
Article to the contrary the State of Maryland hereby reserves as to all
lands within the State hereafter acquired by the United States or any
agency thereof, whether by purchase, lease, condemnation or otherwise,
and as to all property, persons and transactions on any such lands, jurisdiction
and authority to the fullest extent permitted by the Constitution of
the United States and not inconsistent with the Governmental uses, purposes,
and functions for which the land was acquired or is used. Nothing in
this section shall be deemed or construed to restrict the jurisdiction
and authority of the State over any lands heretofore acquired by the
United States, or any agency thereof, or over property, persons or transactions
on any such lands.
Laws of the State of Maryland, 1955--
CHAPTER 622 (House Bill 23)
An act to repeal and re-enact with amendments, Sections 76, 77, 78, 81,
82, 83, 84 and 91 of Article 16 of the Annotated Code of Maryland (1951
Edition and 1954 Supplement), title "Chancery", sub-title "Adoption",
and to add new Section 80A to said Article and sub-title, to follow immediately
after Section 80 thereof, generally revising the adoption laws of the
State, and relating to adoption procedure, and correcting certain wording
therein
SECTION 1. Be it enacted by the General Assembly of Maryland:
That Sections 76, 77, 78, 81, 82, 83, 84 and 91 of Article 16 of the
Annotated Code of Maryland (1951 Edition and 1954 Supplement), and re
enacted, with amendments, and that new Section 80A be and it is hereby
added to said Article and sub-title, to follow immediately after Section
80 thereof, all to read as follows:
ADOPTION
* * *
78. (Federal Reservations.) All persons residing or stationed for
not less than ninety (90) days next preceding the filing of a petition
161
on property lying within the physical boundaries of any county of this
State or within the boundaries of the City of Baltimore, but on property
over which jurisdiction is exercised by the Government of the United
States by virtue of the 17th Clause, Section 8 of Article 1 of the Constitution
of the United States, and of Sections 31 and 35 of Article 96 of this
Code, shall be considered as residents of the State of Maryland and of
the county or City of Baltimore, as the case may be, in which the land
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