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MICHIGAN
The Compiled Laws of the State of Michigan, 1948
Act 3, 1942 (1st Ex. Sec.) p. 11; Imd. Eff. Jan. 28
An act to cede jurisdiction to the United States over certain lands,
and for the purchase and condemnation thereof; and to repeal all acts
and parts of acts inconsistent with this act
The People of the State of Michigan enact:
3.201 Ceding of jurisdiction to federal government of needed property.
-SEC. 1. The consent of the state of Michigan 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
which has been, or may hereafter be acquired for forts, magazines, arsenals,
dockyards and other needful buildings.
3.202 Same; transfer of jurisdiction; exemption from taxation.--SEC.
3. That whenever the United States of America desire to acquire title
to land belonging to the state of Michigan including land which is now
or has in the past been covered by the navigable waters of the United
States of America, for sites or for any improvement or addition to any
government area, reservation,
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or other station including but not limited to military or naval reservations
or stations, lighthouses, beacons, or other aids to navigation and/or
aeronautics or for the building of sea walls, breakwaters, ramps, and
piers, and application is made by a duly authorized agent of the United
States, describing the site required for one of the purposes aforesaid,
then the governor of the state is authorized and empowered to convey
the title to the United States, and to cede to the United States jurisdiction
over the same: Provided, The state shall retain concurrent 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 land so ceded,
in like manner and to like effect as if this act had never been passed.
Act 5, 1874,p. 5; Imd. Eff. March 24
An act to cede jurisdiction to the United States on certain land, and
for the purchase
and condemnation thereof
The People of the State of Michigan enact:
3.321 Purchase or condemnation of lands by the United States.--
SEC. 1. That the United States of America shall have power to purchase
or to condemn in the manner prescribed by its laws, upon making just
compensation therefor, land in the state of Michigan required for custom
houses, arsenals, lighthouses, national cemeteries, or for other purposes
of the government of the United States.
History: How. 5202.--C.L. 1897, 1149.--C.L. 1915, 234.--C.L. 1929, 410.
3.322 Same; entry, exclusive legislation,concurrent jurisdiction,
exemption from taxes.--SEC. 2. The United States may enter upon and occupy
any land which may have been, or may be purchased, or condemned, or otherwise
acquired, and shall have the right of exclusive legislation, and concurrent
jurisdiction together with the state of Michigan, over such land and
the structures thereon, and shall hold the same exempt from all state,
county and municipal taxation.
Act 52, 1871, p. 63; Imd. Eff. March 29
An act ceding the jurisdiction of this state over certain lands owned
by the United States
The People of the State of Michigan enact:
3.341 Jurisdiction ceded to United States; execution of process.--
SEC. 1. That 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
164
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 government having knowledge of the facts, shall be filed with
the governor of this state: And provided further, That this cession
is upon the express condition that the state of Michigan 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 officers
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,
and necessary to be served upon any person, may be executed upon said
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.
3.342 Lands exempt from taxes.--SEC. 2. 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.
MINNESOTA
Minnesota Statutes Annotated sections--
1.041 Concurrent jurisdiction of state and United States.-Subdivision
1. Rights of State.--Except as otherwise expressly provided, the jurisdiction
of the United States over any land or other property within this state
now owned or hereafter acquired for national purposes is concurrent with
and subject to the jurisdiction and right of the state to cause its civil
and criminal process to be executed therein, to punish offenses against
its laws committed therein, and to protect, regulate, control, and dispose
of any property of the state therein.
Subd. 2. Land exchange commission may concur.--In any case not otherwise
provided for, the consent of the State of Minnesota to the acquisition
by the United States of any land or right or interest therein, in this
state desired for any authorized national purpose, with concurrent jurisdiction
as defined in subdivision 1, may be given by concurrence of a majority
of the members of the Land Exchange Commission created by the Constitution
of the State of Minnesota, Article 8, Section 8, upon finding that such
acquisition for such consent is made by an authorized officer of the
United States, setting forth a description of the property, with a map
when necessary for proper identification thereof, and the authority for,
purpose of , and method used or to be used in acquiring the same. The
commission may pre-
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scribe the use of any specified method of acquisition as a condition
of such consent.
In case of acquisition by purchase or gift, such consent shall be obtained
prior to the execution of any instrument conveying the lands involved
or any interest therein to the United States. In case of condemnation,
such consent shall be obtained prior to the commencement of any proceeding
therefor.
1.042 Consent of state.--Subdivision 1. Given for Certain Purposes.
The consent of the State of Minnesota is hereby given in accordance
with the Constitution of the United States, Article I, Section 8, Clause
17, to the acquisition by the United States in any manner of any land
or right or interest therein in this state required for sites for customs
houses, courthouses, hospitals, sanatoriums, post-offices, prisons, reformatorie
s, jails, forestry depots, supply houses, or offices, aviation fields
or stations, radio stations, military or naval camps, bases, stations,
arsenals, depots, terminals, cantonments, storage places, target ranges,
or any other military or naval purpose of the United States.
Subd. 2. Jurisdiction ceded to United States. So far as exclusive
jurisdiction in or over any place in this state now owned or hereafter
acquired by the United States for any purpose specified in subdivision
1 is required by or under the constitution or laws of the United States,
such jurisdiction is hereby ceded to the United States, subject to the
right of the state to cause its civil and criminal process to be executed
on the premises, which right is hereby reserved to the state. When the
premises abut upon the navigable waters of this state, such jurisdiction
shall extend to and include the under-water lands adjacent thereto lying
between the line of low-water mark and the bulkhead or pier-head line
as now or hereafter established.
1.043 When jurisdiction vests.--The jurisdiction granted or ceded
to the United States over any place n the state under section 1.041 or
section 1.042 shall not vest until the United States has acquired the
title to or right of possession of the premises affected, and shall continue
only while the United States owns or occupies the same for the purpose
or purposes to which such jurisdiction appertains as specified in those
sections.
1.046 Evidence of consent.--The consent of the state given by or pursuant
to the provisions of sections 1.041 to 1.048 to the acquisition by the
United States of any land or right or interest therein in this state
or to the exercise of jurisdiction over any place in this state shall
be evidenced by the certificate of the governor, which shall be issued
in duplicate, under the great seal of the state, upon application by
an authorized officer of the United States and upon proof that title
to the property has vested in the United States. The certificate shall
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set forth a description of the property, the authority for, purpose of,
and method use in acquiring the same, and the conditions of the jurisdiction
of the state and the United States in and over the same, and shall declare
the consent of the state thereto in accordance with the provisions of
sections 1.041 to 1.048, as the case may require. When necessary for
proper identification of the property a map may be attached to the certificate,
and the applicant may be required to furnish the same. One duplicate
of the certificate shall be filed with the secretary of state. The other
shall be delivered to the applicant, who shall cause the same to be recorded
in the office of the register of deeds of each county in which the land
or any part thereof is situated.
MISSISSIPPI
Mississippi Code 1943, Annotated, title 17, chapter 11, sections--
4153. United States may acquire land for certain purposes.--The consent
of the state of Mississippi is given, in accordance with the 17th clause,
8th section, and of the 1st 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 which has heretofore been or
may hereafter be acquired for custom houses, post officers, or other
public buildings.
4154. Jurisdiction.--The exclusive jurisdiction in and over any land
which has heretofore been, or may hereafter be, so acquired by the United
States is hereby ceded to the United States for all purposes, except
that the state retains the right to serve thereon all civil and criminal
processes issued under authority of the state; but the jurisdiction so
ceded shall continue no longer than the United States shall own such
lands, for the purposes hereinabove set forth.
4155. Tax exemption.--The jurisdiction ceded as aforesaid 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 United States when acquired as
aforesaid, and no longer, the same shall be exempt from all state, county
and municipal taxation, assessment, or other charges which may be levied
or imposed under authority of the state.
4157. May cede jurisdiction to United States for certain purposes.
-The governor, upon application made to him in writing, on behalf of
the United States, for the purpose of acquiring and holding lands or
using any part of a public road of any county within the limits of this
state, for the purpose of making, building, or construction levees,
canals, or any other works in connection with the improvement of rivers
and harbors, or as a site for a fort, magazine, arsenal, dockyard, courthouse,
custom house, lighthouse, post office, or other needful
167
buildings, or for the purpose of locating and maintaining national military
parks, or for any other public works or purposes accompanied by proper
evidence of the purchase of such lands, or the consent of the board of
supervisors of the proper county for such public roads to be used for
said purpose, is authorized for the state to cede jurisdiction thereof
to the United States for the purpose of the cession and none other.
4158. Restrictions on cession.--The concession of jurisdiction to
the United States over any part of the territory of the state, heretofore
or hereafter made, shall not prevent the execution on such land of any
process, civil or criminal, under the authority of this state, nor prevent
the laws of this state from operating over such land; saving to the United
States security to its property within the limits of the jurisdiction
under the authority of this state during the continuance of the cession.
Title 23, chapter 2, section--
5926. Federal regulations, etc.--Consent 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 nongame birds, and
fish on such lands in the State of Mississippi 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 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 Acts of Congress supplementary thereto and
amendatory thereof, and in or on the waters thereof.
The Director of Conservation of the State of Mississippi shall have
the right and authority to enter into a cooperative agreement with the
United States Government, or with the proper authorities thereof, for
the protection and management of the wild life resources of the national
forest lands within he State of Mississippi and for the restocking of
the same with desirable species of game, birds, and other animals, and
fish.
The Director of conservation of the State of Mississippi shall have
authority to close all hunting and fishing within said lands so contracted
for with the Federal Government for such period of time as may, in the
opinion of the director of conservation, be necessary; shall have authority
from time to time to prescribe the season for hunting or fishing therein,
to fix the amount of fees required for special hunting licenses and to
issue said licenses, to prescribe the number of animals and game, fish
and birds that shall betaken therefrom and the
168
size thereof, and to prescribe the conditions under which the same may
be taken.
Any person violating any of the rules so promulgated by the director
of Conservation, or who shall hunt or fish on said lands at any time,
other than those times specified by the said Director of Conservation,
shall upon conviction therefor be fined no less than twenty-five ($25.00)
dollars nor more than one hundred ($100.00) dollars, or imprisonment
for not less than ten days nor more than thirty days for each and every
offense.
Title 23, chapter 5, section--
5964. Counties may donate rights of way--easements, etc.-The boards
of supervisors of any county within the State of Mississippi through
which or adjoining which the United States Government or any of its agencies
desired to construct a roadway or a roadway and parkway in connection
therewith, shall have full power to donate such rights of way, together
with scenic easements of such additional lands as may be required by
the United States Government for the purpose of constructing such roadway
and parkway. Any and all counties in the State of Mississippi are authorized
to receive by donation,gift,will,or by purchase with county funds any
and all necessary lands, rights of way or scenic easements,and after
the acquisition of such lands or scenic easements may, by resolution
or deed or other authorization of the board of supervisors of such county,
convey same to the United States or to such subordinate agency of the
United States as may be required for the establishment of such roadway
and parkway. The board of supervisors of any county in the State of
Mississippi is hereby expressly vested with the power of eminent domain
to condemn for public use as a park and for scenic easement all lands
adjoining such public park or parkway and for road or roadways and to
acquire title to all or any part of the lands which such board of supervisors
may deem necessary for the purposes of complying with the requirements
of the United States Government in the establishment of any national
roadway or parkway through the State of Mississippi and that such right
of condemnation shall include the right to condemn houses, out buildings,
orchards, yards, gardens, and other improvement on such lands and all
or any right, title, or interest in and to all or any part of such lands
and the improvements thereon by the right of eminent domain in condemnation
proceedings or by gift,devise purchase, or any other lawful means for
the transfer of title; and such condemnation proceedings shall be carried
out and executed as are condemn nation proceedings by the Highway Department
of the State of Mississippi as authorized under the laws of the State
of Mississippi. The United States Government,
169
or any of its subsidiary agencies, shall have complete control and supervision,
severally or in connection with any county or counties in the State of
Mississippi or with the Highway department of the State of Mississippi
with full power and authority to locate, relocate, widen, alter, change,
straighten, construct, or reconstruct roads or rights of way, parkways
or lands covered by scenic easements on any Federal parkway, highway,
or trace being constructed by the United States Government or any of
its subsidiary subdivision or severally or jointly with any county or
counties in the State of Mississippi or with the State Highway department
of the State of Mississippi and shall have full and complete authority
for the making of all contracts, surveys, plans, and specifications and
estimates for the location, laying out, widening, straightening, altering,
changing, constructing, reconstructing, and maintaining and securing
rights of way therefor of any and all such highways, parkways, and scenic
easements and shall further have the right to authorize its employees
and agents to enter upon property for such purposes. The said United
States Government severally and any county or counties in the State of
Mississippi and the said Highway Department, either jointly or severally,
is further authorized and empowered to obtain and pay for rights of way
to such width and extent as may be necessary to meet the requirement
of the United States Government for the construction and building of
new parkway or roadway or scenic highway in the State of Mississippi,
such rights of way to average along said road, however, not more than
one hundred (100) acres to the mile and, in addition thereto, scenic
easements to average not more than fifty (50) acres to the mile along
said roadway or parkway, and such political authorities, either jointly
or severally shall have the right to condemn or acquire by gift or purchase
lands necessary for the building and maintenance of said roadway, parkway,
or trace.
5970. Jurisdiction of the United States.--The United States of America
is authorized to acquire by deed or conveyance, gift, will or otherwise
lands for the purpose of roadways and parkways as set forth in this Act,
but this consent is given upon condition that the State of Mississippi
shall retain a concurrent jurisdiction with the United States in and
over such lands so far that civil process in all cases and such criminal
process as may issue under the authority of the State of Mississippi
against any person charged with the commission of any crime, without
or within said jurisdiction, may be executed thereon in like manner as
if this consent had not been given. Power is hereby conferred on the
Congress of the United States to pass such laws as it may deem necessary
for the acquisition of the said lands and for incorporation in national
roadways, parkways or na-
170
tional parks, and to pass such laws and make or provide for the making
of such rules and regulations, of both civil and criminal nature, and
to provide punishment therefor as in its judgment may be necessary for
the management, control and protection of such lands as may be acquired
by the United States under the provisions of this Act, including such
lands are acquired not only for highway and parkway and park purposes
but also those lands over which scenic easements are acquired for such
purposes, provided, notifies the Governor and, through him, the State
of Mississippi that the United States of America assumes concurrent police
jurisdiction over the land or lands thus deeded and conveyed. But, however,
thee is saved to the State of Mississippi the right to tax sales of gasoline
and other motor vehicle fuels and oils for use in motor vehicles and
to tax persons and corporations, their franchises and properties, on
all and or lands deeded or conveyed as aforesaid,and saving, except to
persons residing in or on any of the land or lands deeded or conveyed
as aforesaid, the right to vote at all elections within the county in
which said land or lands are located, upon like terms and conditions
and to the same extent as they would be entitled to vote in such county
had not such lands been deeded or conveyed as aforesaid to the United
States of America.
Sources: Laws, 1935, ch. 52.
MISSOURI
Vernon's Annotated Missouri Statutes, chapter 12, section--
12.010. Consent given United States to acquire land by purchase for
certain purposes.--The consent of thee state of Missouri 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 or grant of any land in this state which
has been or may hereafter be acquired, for the purpose of establishing
and maintaining post offices, internal revenue and other government offices,
hospitals, sanatoriums, fish hatcheries, and land for reforestation,
recreational and agricultural uses. Land to be used exclusively for
the erection of hospitals by the United States may also be acquired by
condemnation (R.S. 1939, 12691, A.L. 1949, p. 316, A. S.B. 1005).
12.020. Jurisdiction given with reservations.--The jurisdiction of
the state of Missouri in and overall such land purchased or acquired
as provided in section 12.010 is hereby granted and ceded to the United
States shall own said land; pro-
171
vided, that there is hereby reserved to the state of Missouri, unimpaired,
full authority to serve and execute all process, civil and criminal,
issued under the authority of the state within such lands or the buildings
thereon (R.S. 1939, 12693).
12.030. Consent given United States to acquire land by purchase or
condemnation for military purposes.--The consent of the state of Missouri
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 the effective
date of sections 12.030 and 12.040, as sites for customhouses, courthouses,
post offices, arsenals, forts, and other needful buildings required for
military purposes. Laws 1955, H.B. No. 371, 1.
12.040. Exclusive jurisdiction ceded to the United States-reserving
the right of taxation and the right to serve processes.-Exclusive jurisdiction
in and over any land so acquired, prior to the effective date of sections
12.030 and 12.040, by the United States shall be, and the same is hereby,
ceded to the United States for all purposes, saving and reserving, however,
to the state of Missouri the right of taxation to the same extent and
in the same manner as if this cession had not been made; and further
saving and reserving to the state of Missouri the right to serve thereon
any civil or criminal process issued under the authority of the state,
in any action on account of rights acquired, obligations incurred, or
crimes committed in said state, outside the boundaries of such land but
the jurisdiction so ceded to the United States shall continue no longer
than the said United States shall own such lands and use the same for
the purpose for which they were acquired. Laws 1955, H.B. No. 371,
2.
MONTANA
Constitution of the State of Montana, article II, section--
SECTION. 1. Authority is hereby granted to and acknowledged in the
United States to exercise exclusive legislation, as provided by the constitution
of the United States, over the military reservations of Fort Assinaboine,
Fort Custer, Fort Keogh, Fort Maginins, Fort Missoula, and Fort Shaw,
as now established by law, so long as said places remain military reservations,
to the same extent and with the same effects if said reservations had
been purchased by the United States by consent of the legislative assembly
of the State of Montana; and the legislative assembly is authorized and
directed to enact any law necessary or proper to give effect to this
article.
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Provided, that there be and is hereby reserved to the State the right
to serve all legal process of the State, both civil and criminal, upon
persons and property found within any of said reservations, in all cases
where the United States has not exclusive jurisdiction.
Revised Codes of Montana, 1947, Annotated, title 83, chapter 1, sections
-
83-102. (20) Territorial jurisdiction, limitations on.--The sovereignty
and jurisdiction of this State extend to all places within its boundaries,
as established by the constitution, excepting such places as are under
the exclusive jurisdiction of the United States; but the extent of such
jurisdiction over places that have been or may be ceded to, purchased,or
condemned by the United States, is qualified by the terms of such cession,or
the laws under which such purchase or condemnation has been or may be
made.
83-103. (20) Military reservations.--Authority is granted to and acknowledged
in the United States to exercise exclusive legislation,as provided by
the constitution of the United States, over military reservations of
Fort Assinaboine, Fort Custer, Fort Keogh, Fort Maginnis, Fort Missoula,
and Fort Shaw, as now established by law, so long as said places remain
military reservation, to the same extent and with the same effect as
if said reservations had been purchased by the United States by consent
of the legislative assembly of the State of Montana.
All legal process of the State, both civil and criminal, may be served
upon persons and property found within any of said reservations,or on
any Indian reservation, in all cases where the United States has not
exclusive jurisdiction.
83-108. (25) Jurisdiction over lands purchased by United States.--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 any lands within
the limits of this state, which shall be acquired by the complete purchase
by the United States, for any of the purposes described in said paragraph
of the constitution of the United States, said jurisdiction to continue
as long as said lands are held and occupied by the United States for
said purposes; reserving, however, to this state the right to serve and
execute civil or criminal process lawfully issued by the courts of the
state, within the limits of the territory over which jurisdiction is
ceded in any suits or transactions for or on account of any rights obtained,
obligations incurred, or crimes committed in this state, within or without
such territory; and reserving further to the said state the right to
tax persons and corporations, their franchises and property within said
territory; and reserving further to
173
the state and its inhabitants and citizens the right to fish and hunt,
and the right of access, ingress and egress to and through said ceded
territory to all persons owning or controlling livestock for the purpose
of watering the same, and saving further to the state on Montana jurisdiction
in he enforcement of state laws relating to the duties of the livestock
sanitary board and the state board of health, and the enforcement of
any regulations promulgated by said boards in accordance with the laws
of the state of Montana; provided, however, that jurisdiction shall not
vest United States, though the proper officers, shall file an accurate
map or plat and description by metes and bounds of said lands in the
office of the county clerk and recorder of the county in which said lands
are situated, and if such lands shall be within the corporate limits
of any city, such map or plat shall also be filed in the office of the
city clerk of said city, and the filing of such map as herein provided,
shall constitute acceptance of the jurisdiction by the United States
as herein ceded. The offer by the state of Montana to cede to the federal
government legislative jurisdiction over areas within the state of Montana
as contained in the act of the second legislative assembly of the state
of Montana, 1891, entitle: "An act giving the consent of the state of
Montana to the purchase, by the United States, of land in any city or
town of the state, for the purpose of United States court house, post
office and for other purposes" approved March 5, 1891, as amended by
the act giving the consent of the state of Montana to the purchase by
the United States of land in any city or town of the state for the purposes
of United States court house, post-offices and for other like purposes",
approved March 9, 1803, is hereby withdrawn except as to areas heretofore
completely purchased or acquired by the federal government and over which
areas the federal government has heretofore assumed either exclusive
legislative jurisdiction or concurrent legislative jurisdiction under
the terms of one or the other of said acts.
NEBRASKA
Revised Status of Nebraska, 1943, article 6, section--
72-601. State lands; consent to purchase granted United States.--The
consent of the State of Nebraska is granted to the United States of America
to purchase such grounds as may be deemed necessary in any city or incorporated
town in the State of Nebraska, for the erection thereon of buildings
for the accommodation of the United States circuit and district courts,
post office, land office, mints, or any other government office, and
also for the purchase by the United States of such other lands within
the State of Nebraska as the agents or author-
174
ities of the United States may from time to time select for the erection
of forts, magazines, arsenals and other needful buildings.
72-602. State lands; conveyance to United States; cession of jurisdiction.
-The jurisdiction of the United of Nebraska in and over the lands mentioned
in section 72-601 shall be ceded to the United States; Provided, the
jurisdiction ceded continue no longer than the United States shall own
or occupy such lands.
72-603. State lands; sale to United States; service of process; jurisdiction
retained.--The consent is given is given and the jurisdiction ceded upon
the express condition that the State of Nebraska shall retain concurrent
jurisdiction with the United States in and over the lands, so far as
civil process in all cases, and such criminal or other process as may
issue under the laws or authority of the State of Nebraska, against any
person or persons charged with crime or misdemeanors committed within
this state, may be executed therein in the same way and manner as if
such consent had not been given or jurisdiction ceded, except so far
as such process may affect the real and personal property of the United
States.
72-604. State lands; conveyance to United States; jurisdiction; when
effective; exemption from taxation.--The jurisdiction ceded shall not
vest until the United States shall have acquired the title to such lands
by purchase or grant. So long as the lands shall remain the property
of the United States, when acquired as provided in section 72-601, and
no longer, they shall be exempt from all taxes, assessments, and other
charges which may be levied or imposed under the authority of the laws
of this state.
NEVADA
Statutes of the State of Nevada, 1955, chapter 202, page 300--
Assembly Bill No. 13. Mr. Leighton--Chapter 202
An act granting the consent of the State of Nevada to the acquisition
by the United States of lands required for public purposes, and ceding
jurisdiction over such lands heretofore and hereafter acquired, leased
or otherwise used by the United States for public purposes; repealing
a part of an act in conflict herewith; and other matters property relating
thereto
[Approved March 22, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
SECTION 1. State consent to Federal acquisition of land required
by department of Defense or Atomic Energy Commission.--The consent of
the State of Nevada is hereby given in accordance with the 17th Clause,
8th Section of the 1st Article of the Constitution of the United States,
to the acquisition by the United States by purchase, condemnation, lease,
exchange or otherwise, of any land in this state required
175
by the Department of Defense or the Atomic Energy Commission for the
erection of bases, forts, magazines, arsenals, dockyards and other structures
needed for defense or Atomic Energy Commission purposes as authorized
by act of Congress.
SEC. 2. Jurisdiction ceded to United States; reservation:
1. The State of Nevada, except as hereinafter reserved and provided,
after so acquired; or
(a) Over any land in this state which has been or may be hereafter
so acquired; or
(b) Over any land in this state which has been or may be hereafter
acquired by exchange for any of the purposes stated in section 1; and
(c) Over any land in this state which is now or may be hereafter held
by the United States under lease, easement, license, use permit or otherwise
for any of the purposes stated in section 1; and
(d) Over any land in this state which has been or may be hereafter
reserved from the public domain, or other land of the United States for
any of the purposes stated in section 1;
but the jurisdiction so ceded shall continue no longer than the United
States shall own, hold or reserve such land for any of the purposes stated
in section 1.
2. The United States shall at the time of the acceptance by the United
States of the jurisdiction ceded by this act cause to be recorded a map
or drawing of the installation, and a perimeter description thereof in
the official records of the county or counties in which the lands comprising
the affected installation are situate.
SEC. 3. Taxation.--It is hereby reserved and provided by the State
of Nevada that any private property upon the lands or premises shall
be subject to taxation by the state or any legal subdivision thereof
having the right to levy and collect such tax, but any property upon
or within such premises which belongs to the government of the United
States shall be free of taxation by the state and any of its legal subdivisions.
SEC. 4. Service of process.--The State of Nevada reserves the right
to serve or cause to be served, by any of its proper officers, any criminal
or civil process upon such land or within such premises for any cause
there or elsewhere in the state arising, where such cause properly under
the jurisdiction of the laws of this state or any legal subdivision thereof.
SEC. 5. Supplementary act; repeal.--This act shall be deemed supplementary
to that certain act entitled "An Act providing a method for the consent
of the state to the acquisition by the United States of America of land
and water rights; providing for the tax commission to be sole bargaining
agency in matters of taxation with the federal
176
government, and matters related thereto," approved March 27, 1947, and
being chapter 108, Statutes of Nevada 1947, at page 405, and, for the
specific purposes only set forth in section 1 of this act, shall be deemed
a repeal of chapter 108, Statutes of Nevada 1947.
SEC. Effective date.--This act shall become effective upon passage
and approval.
Nevada Compiled Laws, Supplement 1943--49--
Authorizing acquisition of land by Federal Government for certain purposes
An act providing a method for the consent of the state to the acquisition
by the United States of America of land and water rights; providing for
the tax commission to be sole bargaining agency in matters of taxation
with the Federal government, and matters related thereto
[Approved March 27, 1947, 405]
2898.01. State consent to acquisition of land by United States for
certain purposes.-- 1. The consent of the State of Nevada to the acquisition
by the United States of America of any land or water right or interest
therein in this state, except lands or water rights located within the
boundaries of established and existing national forests, desired for
any purpose expressly stated in clause 17 of section 8 of article I of
the constitution of the United States, may be given by concurrence of
a majority of the members of the state tax commission, which majority
shall include the governor of the state, upon finding that such proposed
acquisition and the method thereof and all other matters pertaining thereto
are consistent with the best interests of the state and conforms to the
provisions of this act.
2898.02. State consent to acquisition for reclamation projects,
flood-control projects, protection of watersheds, right of way for public
roads and other purposes.-- 2. The consent of the State of Nevada in
accordance with the principles set forth in paragraph one hereof, and
subject to the limitations and restrictions of this act, may also be
given by concurrence of the said majority of the members of the state
tax commission in cases where privately owned or state-owned real property
is desired by the United States for reclamation projects, flood control
projects, protection of watersheds, right-of-way for public roads, and
other purposes.
2898.3. Right of taxation reserved.-- 3. The consent of the State
of Nevada to any acquisition pursuant to section 2 hereof, shall be subject
to and the state does hereby reserve the right of taxation to itself
and to its municipal corporations and taxing agencies, and reserves to
all persons now or hereafter residing upon such land all political and
civil rights, including the right of suffrage.
2898.06. Authority of tax commission.-- 6. The authority herein
conferred upon the tax commission to give or withhold the consent of
177
the State, shall include all acquisitions of all real property or of
rights therein, including water rights of every nature whatsoever, by
the United States including gifts.
2898.11. Conditions and requirements of consent to acquisition.
- 11. The consent of the state in all such cases shall be conditioned
upon the following requirements having been complied with and shall be
based upon such other factors as the commission in its discretion may
take into consideration in the making of its decision.
1. The United States, by a statute then in force and effect must have
provided, and must be ready, able, and willing to make tax payments or
in lieu of tax payments upon said premises, including the improvements
to be placed thereon at the rate that other similar property in the county
is taxed, said payments to continue so long as the ownership of the United
States continues, said tax payments to be apportioned amongst the state
and all municipal corporations and taxing agencies thereof, which would
otherwise have the right to tax said property from time to time, if it
were in private ownership. The tax commission shall be the sole bargaining
agency in matters of taxation between the state, its political subdivisions,
and the federal government, and shall determine the ratio of distribution
among the payees which the federal government shall hereby be required
to pay; provided, however, no tax shall be demanded hereunder upon a
right-of-way for a public road or postoffice or for any purpose expressly
stated in article 1, section 8, clause 17, of the constitution of the
United States.
2. The board of county commissioners of each and every county to be
affected by each requested acquisition must have given it or their written
consent to said tax commission to said acquisition. Said consent shall
be expressed by resolution duly adopted an entered in its journal.
3. The United States of America must have consented in writing to
the levying and collection of all taxes to which any business, construction
contractor, or any other enterprise or occupation thereafter conducted
or operated upon said premises would be subject if the property were
to remain in private ownership.
4. When it appears to the state tax commission and the county commission
of the county or counties affected that the purpose for such purchase
of land by the United States is to the best interests of the general
public, tax payments or in lieu tax payments may be waived.
2896.12. State reserves jurisdiction to serve process of courts
-civil and criminal jurisdiction of courts--civil and political rights
reserved.-- 12. In granting its consent to any request or application
178
which may be filed with the tax commission pursuant to this act, the
state reserves jurisdiction in all cases, except for acquisitions for
land desired for the purposes expressly provided for in article I, section
8, clause 17, of the constitution of the United States and as to such
lands the state reserves the right to serve its civil and criminal process
upon persons for violations of the laws of this state occurring elsewhere
in the state; that as to all other requests and applications for the
acquisition of land by the United States under the provisions of this
act, the state reserves jurisdiction over all offenses of a criminal
nature and as to all cases arising under the civil laws of this state
committed or had upon the land so applied for, and also reserves the
right for the execution of all civil and criminal process on such land,
and the state reserves its entire power of taxation, including that of
each municipal corporation and taxing agency upon and concerning said
land, and the state reserves to all persons residing on such land all
civil and political rights, including the right of suffrage, which they
may have had were said acquisitions not so made; provided, in all cases
of acquisitions of land under this act there shall be reserved to the
state the right to control, maintain, and operate all state highways
constructed upon such land. The reservations set forth in this section
shall be recited in the certificate provided for in section 13 hereof.
NEW HAMPSHIRE
Laws of the State of New Hampshire, 1955, chapter 223, page 333-
An act relative to jurisdiction of the United States over land within
New Hampshire
Be it enacted by the Senate and House of Representatives in General
Court convened:
1. Jurisdiction of the United States.--Amend Revised Laws, chapter
1, section 1 (section 1, chapter 123, RSA) by inserting after the word
"custom-houses" in the third line of said section, the words, military
air bases, military installations, so that said section as amended shall
read as follows: 1. Ceded to United States. Jurisdiction is ceded to
the United States of America over all lands within this state now or
hereafter exclusively owned by the United States, and used as sites for
post offices, customhouses, military air bases, that an accurate description
and plan of the lands so owned and occupied, verified by the oath of
some officer of the United States having knowledge of the facts, shall
be filed with the secretary of this state; and, provided, further, that
this session is upon the express condition that the state of New Hampshire
shall retain concurrent jurisdiction with the United States in and over
all such lands, so far that all civil and criminal process issuing under
the
179
authority of this state may be executed on the said lands and in any
building now or hereafter erected thereon, in the same way and with the
same effect as if this statute had not been enacted; and that exclusive
jurisdiction shall revert to and revest in this state whenever the lands
shall cease to be the property of the United States.
2. Takes effect.--This act shall take effect upon its passage.
[Approved June 23, 1955.]
NEW JERSEY
New Jersey Statutes Annotated, title 52, chapter 30, section--
52:30-1. Consent to acquisition of land by United States.--The consent
of this state is hereby given, pursuant to the provisions of article
one, section eight, paragraph seventeen, of the constitution of the United
States, to the acquisition by the United States, by purchase, condemnation
or otherwise, of any land within this state, for the erection of dockyards,
custom houses, courthouses, post offices or other needful buildings.
52:30-2. Jurisdiction over lands acquired.--Exclusive jurisdiction
in and over any land so acquired by the United States is hereby ceded
to the United States for all purposes except the service of process issued
out off any of the courts of this state in any civil or criminal proceeding.
Such jurisdiction shall not vest until the United States shall have
actually acquired ownership of said lands, and shall continue only so
long as the United States shall retain ownership of said lands.
52:30-3. Lands exempt from taxes.--So long as said lands shall remain
in the ownership of the United States the same shall be exempt from all
taxes, assessments, or other charges leviable by this state or any of
its municipalities.
NEW MEXICO
New Mexico Statutes, 1953, Annotated, chapter 3, article 1, section
-
3-1-1. Definitions.--The provisions of chapter 41, New Mexico Statutes
Annotated, Compilation of 1929, and the amendments thereof and this chapter
shall be known as the "Election Code" and may be so designated in this
act and in any legislative act applicable thereto.
As used in this act, unless the context requires otherwise: The words
"qualified elector," "elector" or "voter" means any citizen of the United
States who at the date of the election will be over the age of twenty
one (21) years and will have resided in the state twelve (12) months,
in the county ninety (90) days, and in the precinct in which he offers
to vote thirty (30) days, next preceding the election, except idiots,
insane persons, persons convicted of a felonious or infamous crime unless
restored to political rights.
180
Residence within the meaning of the above paragraph shall be residence
upon land privately owned, or owned by the state of New Mexico, any county
or municipalities thereof; or upon lands originally belonging to the
United States of America or ceded to the United States of America by
the state of New Mexico, any county thereof, or any municipal corporation
or private individual, by purchase, treaty, or otherwise.
* * *
Chapter 7, article 2, sections--
7-2-2. Consent to acquisition of land for Federal purposes.--The consent
of the state of New Mexico is hereby given in accordance with the seventeenth
clause, eighth section, of the first article of the Constitution of the
United States to the accession by the United States, by purchase, condemnation,
or otherwise, of any land in this state required for sites for custom
houses, court-houses, post-offices, arsenals, or other public buildings
whatever, or for any other purposes of the government.
7-2-3-. Jurisdiction over Federal land--Limitations--Duration.-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 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 lands.
7-2-4-. Vesting of Federal jurisdiction--Tax exemption-Limitation.
-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 imposes
under the authority of this state.
Chapter 22, article 7, section--
22-7-4. Residence requirement.--The plaintiff in action for the dissolution
of the bonds of matrimony must have been an actual resident, in good
faith, of the state for one (1) year next preceding the filing of his
or her complaint; Provided, however, that in a suit for the dissolution
of the bonds of matrimony wherein the wife is plaintiff, the residence
of the husband in this state shall inure to her benefit and she may institute
such action setting up any of the cause mentioned in section 2773 (25
701) [227-1] immediately after the accrual thereof, providing her husband
shall have been qualified as to residence to military branch of the United
States government who have been continuously stationed in any military
base or installation in the state of
181
New Mexico for such period of one (1) year, shall for the purposes hereof,
be deemed residents in good faith of the state and county where such
military base or installation is located.
NEW YORK
Mckinnley's Consolidated Laws of New York, Annotated, 1952, State Law,article
4, sections--
35. Cession of jurisdiction to lands acquired for light-house purposes.
-The jurisdiction to such tracts of land, not exceeding ten acres, acquired
by the United States for the construction and maintenance of light-houses
and keepers' dwellings before April eighteenth, eighteen hundred sixty
one, or as shall have been acquired since such date, or as shall be hereafter,
upon the selection by an authorized officer of the United States, the
approval of the governor, the filing in the office of the secretary of
state of a description of the boundaries thereof, with the approval of
the governor indorsed thereon, and the filing in such office of a map
thereof, which map shall be drawn with pen and India ink upon tracing
cloth and shall be otherwise inform and manner suitable to the files,
records and purposes of the office of the secretary of state, is ceded
to the United States, upon condition that the jurisdiction shall continue
in the United States so long only as the land shall be used and occupied
for the purposes of the cession, unless the consent of the state to a
different use shall have been granted. As amended L. 1939, c. 521; L.
1944, c. 600, eff. April 6, 1944.
36. Acquisition by condemnation.--When the United States shall have
been authorized by law to acquire title to any real property within this
state, such title may be acquired by gift or grant from the owners thereof,
or by condemnation if, for any reason, the United States is unable to
agree with the owners for the purchase thereof.
50. Consent of state to purchase of land; authority to dispose of
land to United States; record of conveyances.--1. The consent of the
state of New York is hereby given to the purchase by the government of
the United States, and under the authority of the same, of any tract,
piece or parcel of land from any individual or individuals, bodies politic
or corporate within the boundaries of this state, for the purpose of
parade or maneuver grounds, aviation fields, navy yards and naval stations,
or for the purpose of erecting thereon lighthouses, beacons, lighthouse
keepers' dwellings, hospitals, sanatoriums, works for improving navigation,
post offices, custom houses, fortifications, or
182
buildings and structures for the storage, manufacture or production of
supplies, ordinance, apparatus or equipment of any kind whatsoever for
the use of the army or navy and any other needful buildings and structures.
2. In addition to the consent to purchase given in subdivision one
of this section, the consent of the state is hereby given to the acquisition
by exchange, donation or otherwise by the government of the United States,
and under the authority of the same, of any tract, piece or parcel of
land from any county, city, town or village within this state for the
purpose of parade or maneuver grounds or aviation fields, and every such
county, city, town or village is hereby authorized and empowered to sell,
exchange, donate or otherwise dispose of such tract, piece or parcel
of land to the United States for such purpose or purposes; and all deeds,conveya
nces or other papers.
3. All deeds, conveyances or other papers relating to the title of
any such lands acquired by the United States as authorized in this section
shall be recorded in the office of the register, if any, or if not in
the office of the county clerk, of the county where the said lands are
situated. As amended L. 1910, c. 109, 1; L. 1911, c. 527, 1; L.
1917, c. 819, 1922, c. 14; L. 1941, c. 568, eff. April 19, 1941.
52. Governor may execute deed or release.--Whenever the United States,
by any agent authorized under the hand and seal of any head of an executive
department of the government of the United States, or the administrator
of veterans' affairs of the government of the United States, shall cause
to be filed in the office of the secretary of state of the state of New
York, maps or plats and descriptions by metes and bounds of any tracts
or parcels of land within this state, which have been acquired by the
United States for any of the purposes aforesaid, and a certificate of
the attorney general of the United States that the United States is in
possession of said lands and premises for either of the works or purposes
aforesaid, under a clear and complete title the governor of this state
is authorized, of he deems it proper, to execute in duplicate, in the
name of the state and under its great seal, a deed or release of the
state ceding to the United States the jurisdiction of said tracts or
parcels of land as hereinafter provided. Such maps shall be drawn with
pen and India ink upon tracing cloth and shall be otherwise inform and
manner suitable to the files, records and purposes of the office of the
secretary of state, and show such data thereon, or in relation thereto,
s may be required by the secretary of state. As amended L. 1939, c.
521; L. 1944, c. 600; L. 1946, c. 839, eff. April 17, 1946.
53. Concurrent jurisdiction as to service of process.--The said
jurisdiction so ceded shall be upon the express condition that the state
183
of New York shall retain concurrent jurisdiction with the United States
on and over the property and premises so conveyed, so far as that all
civil and criminal process,which may issue under the laws or authority
of the state of New York,may be executed thereon in the same way and
manner as if such jurisdiction had not been ceded, except so far as such
process may affect the real or personal property of the United States.
54. Exemption of property from State taxation.--The said property
shall be and continue forever thereafter exonerated and discharged from
all taxes, assessments and other charges, which may be levied or imposes
under the authority of this state; but the jurisdiction hereby ceded
and the exemption from taxation hereby granted, shall continue in respect
to said property so long as the same shall remain the property of the
United States, and be used for the proposes aforesaid, and no longer.
55. Delivery and filing of deeds and releases.--One of the deeds
or releases so executed in duplicate shall be delivered to the duly authorized
agent of the United States, and the other deed or release shall be filed
and recorded in the office of the secretary of state of the state of
New York; and said deed or release shall become valid and effectual only
upon such filing and recording in said office. As amended L. 1909, c.
240, 76, eff. April 22, 1909.
56. Statement to be published in session lance.--The secretary of
state shall cause to be printed in the session laws of the year succeeding
the filing in his office of said deed, a statement of the date of the
application of the United States for said deed and a copy of the description
of the lands so conveyed or ceded, together with the date of the recording
of said deed in the office of the said secretary of state.
57. Article not to apply to Orange County; exception.--This article
shall not apply to the county of Orange, except with respect to a certain
tract, piece or parcel of land in the town of Newburgh in such county
containing two hundred twenty-one and eight-tenths acres more or less,
commonly known and designated both as Newburgh airport and as Stewart
field, and except with respect to additional lands adjoining and contiguous
to such airport and field, as now constituted, aggregating not more than
one thousand acres, and also except width respect to lands in the town
of Cornwall adjoining and contiguous to lands in such town now owned
by the United States and to state highway number eighty-five hundred,
part one, aggregating not more than two and one-half acres. As amended
L. 1940, c. 214; L. 1941, c. 178, eff. March 27, 1941.
58. Lands to be acquired; commission.--Whenever any lands, structures
or waters, situated within the boundaries of this state, are,
184
in the judgment of the governor, necessary for purposes of public defense,
or for other public purposes incidental thereto including public highway
purposes, the estates, titles and interests in and to such lands, structures
or waters, belonging to or vested in any person, corporation or municipality,
may be acquired by the state as provided in this article. If any of
such lands are, in the judgment of the governor, needed for public highway
purposes leading to, from, across or around such appropriated lands,
such estate as may in his judgment be necessary therefor may be acquired
in such strips of lands, not exceeding one hundred feet in width, as
in his judgment are needed for such purposes. The governor shall, whenever
lands, structures or waters, to be designated by him, are required for
such purposes, direct the adjutant-general, attorney-general, and the
superintendent of public works, to take such actions and institute such
proceedings as may be necessary to acquire such lands and easements in
the name and for the benefit of the people of the state. Such officers
when so directed are in each instance hereby constituted a temporary
commission for the purpose of acquiring title to the lands so designated
and the structures and waters thereon. Added L. 1917, c. 13; amended
L. 1917, c. 130; L. 1928, c. 380, eff. March 16, 1928.
59-c. Searches of title.--The attorney-general shall furnish to
the commission all searches necessary to prove the title to the lands
taken as provided in this article. The expense of making such searches
shall be paid from the treasury out of the funds appropriated therefor,
on the audit and warrant of the comptroller. Added L. 1917, c. 13; amended
L. 1917, c. 13; amended L. 1917, c. 130; L. 1928, c. 380, eff. March
16, 1928.
59-d. Searches of title.--The attorney-general shall furnish to
the commission all searches necessary to prove the title to the lands
taken as provided in this article. The expense of making such searches
shall be paid from the treasury out of the funds appropriated therefor,
on the audit and warrant of the comptroller. Added L. 1917, c. 130;
amended L. 1928, c. 380, 2, eff. March 16, 1928.
59-e. Deed or release of land so acquired to United States.-The
governor may, if requested by any officer or agent of the United States
duly authorized under the hand and seal of any head of an executive department
of the government of the United States, execute a deed or release to
the government of the United States of the lands and the structures and
waters thereon, described in the survey and map filed in the office of
the secretary of state as hereinbefore provided, excepting and reserving
therefrom an easement for public highway
185
purposes in and over the lands acquired for highway purposes pursuant
to this article. Such deed or release may be so executed at any time
after the commission shall have entered upon and taken possession of
such lands, structures and waters. Such deed or release shall be in
the form agreed upon by the governor and the proper representative of
the government of the United States and shall convey title to the lands,
structures and waters described therein to the government of the United
States, to be used for purposes of public defense and shall cede to the
United States the jurisdiction over the tracts or parcels of land so
described, to the extent and in the manner hereinafter provided. Such
deed or release shall be executed in duplicate in the name of the state
and under its great seal. One of such duplicates shall be filed and
recorded in the office of the secretary of state of the state of New
York, and the other shall be delivered to the proper executive department
of the government of the United States. Formerly 59d, added L. 1917,
c. 13; renumbered 59-e and amended L. 1917, c. 130, eff. April 4, 1917.
59-f. Concurrent jurisdiction as to service of process.--The jurisdiction
so ceded shall be upon the express condition that the state of New York
shall retain concurrent jurisdiction with the United States on and over
the property and premises so conveyed, so far as that all civil and criminal
process, which may issue under the laws or authority of the state of
New York, may be executed thereon in the same manner as if such jurisdiction
had not been ceded, except so far as such process may affect the real
or personal property of the United States. Formerly 59-e, added by
L. 1917, c. 13; renumbered 59-f, L. 1917, c. 130, eff. April 4, 1917.
59-g. Exemption of property from State taxation.--The property so
conveyed and released to the United States shall be exempted from all
taxes, assessments and other charges, which may be levied or imposed
under the authority of this state; but the jurisdiction hereby ceded
and the exemption from taxation hereby granted shall continue in respect
to such property so long as the same shall remain the property of the
United States and be used for purposes of public defense, and no longer.
Formerly 59-f, added L. 1917, c. 13; renumbered 59-g, L. 1917, c.
130, eff. April 4, 1917.
59-h. Statement to be published in session laws.--The secretary
of state shall cause to be printed in the session laws of the year succeeding
the filing in his office of deed, a statement of the date of the filing
of the survey and map of the lands, structures and waters so appropriated,
and a copy of the deed or release of the lands, structures and waters
so conveyed or ceded, together with the date of the recording of said
deed or release in the office of the department of state.
186
Formerly 59-g, added L. 1917, c. 13; renumbered 59-h, L. 1917, c. 130;
amended L. 1928, c. 380, 3, eff. March 16, 1928.
General Municipal Law, article 11, section--
210. United States may acquire land in cities.--The United States
is hereby authorized to acquire by condemnation, purchase or gift in
conformity with the laws of this state, one or more pieces of land not
exceeding two acres in extent, in any city or village of this state,
for the purpose of erecting and maintaining thereon a public building
for the accommodation of post offices and other governmental offices
in any such city or village.
211. Certified copy of transfer to be filed.--Whenever the United
States, by any agent authorized under the hand and seal of any head of
an executive department of the government of the United States, shall
cause to be filed in the office of the secretary of state of this state,
maps and descriptions by metes and bounds of any such pieces of land
which had been acquired by the United States for the purposes specified
in section two hundred and ten of this article, exclusive jurisdiction,
except as provided in section two hundred and twelve, is thereupon ceded
to the United States shall be or remain the owner thereof. Such maps
shall be drawn with pen and India ink upon tracing cloth and shall be
otherwise in form and manner suitable to the files, records and purposes
of the office of the secretary of state, and show such data thereon,
or in relation thereto, as may be required by the secretary of state.
As amended L. 1939, c. 520; L. 1944, c. eff. April 9, 1944.
212. Jurisdiction of state not affected.--The jurisdiction ceded
to the United States as prescribed by this article shall not prevent
the execution on the land acquired for the purposes specified in section
two hundred and ten of any process civil or criminal, issued under the
authority of the state, except as such process might affect the property
of the United States thereon.
NORTH CAROLINA
The general Statutes of North Carolina (Recompiled 1950), chapter 104,
article 1, sections--
104-1. Acquisition of lands for specified purposes authorized; concurrent
jurisdiction reserved.--The United States is authorized, by purchase
or otherwise, to acquire title to any tract or parcel of land in the
State of North Carolina, not exceeding twenty-five acres, for the purpose
of erecting thereon any custom house, courthouse, post office, or other
building, including lighthouses, lightkeeper's dwellings, lifesaving
stations, buoys and coal depots and buildings connected therewith, or
for the establishment of a fish-cultural station
187
and the erection thereon of such buildings and improvements as may be
necessary for the successful operations of such fish-cultural station.
The consent to acquisition by the United States is upon the express
condition jurisdiction with the United States over such lands as that
all civil and criminal process issued from the courts of the State of
North Carolina may be executed thereon in like manner as if this authority
had not been given, and that the State of North Carolina also retains
authority to punish all violations of its criminal laws committed on
any such tract of land. (1970-1, c. 44, s. 5; Code, ss. 3080, 3083;
1887, c. 136; 1899, c. 10; Rev., s. 542; C. S., s. 8053.)
104-2. Unused lands to revert to State.--The consent given in
104-1 is upon consideration of the United States building lighthouses,
lighthouse-keepers' dwellings, lifesaving stations, buoys, coal depots,
fish stations, post offices, custom houses, and other buildings connected
therewith, on the tracts or parcels of land so purchased, or that may
b purchased; and that the title to land so conveyed to the United States
shall revert to the State unless the construction of the United States
shall revert to the State unless the construction of the aforementioned
buildings be completed thereon within ten years from the date of the
conveyance from the grantor. (1080-1, c. 44, s. 5; Code, ss, 3080, 3083;
1887, c. 136; 1899, c. 10; Rev. s. 5426; C. S., s. 8054.)
104-3. Exemption of such lands from taxation.--The lots, parcels,
or tracts of land acquired under this chapter, together with the tenements
and appurtenances for the purpose mentioned in this chapter, shall be
exempt from taxation. (1870-1, c. 44, s. 3; Code, s. 3082; Rev., s.
5428; C.S., s. 8055.)
104-6. Acquisition of lands for river and harbor improvement; reservation
of right to serve process.--The consent of the legislature of the State
is hereby given to the acquisition by the United States of any tracts,
pieces, or parcels of land within the limits of the State, by purchase
or condemnation, for use as sites for locks and dams, or for any other
purpose in connection with the limits of the State, by purchase or condemnation,
for use as sites for locks and dams, or for any other purpose in connection
with the improvement of rivers and harbors within and on the borders
of the State. The consent hereby given is 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; and this State retains concurrent jurisdiction with the
United States over any lands acquired and held in pursuance of the provisions
of this section, so far as 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.
(1907, c. 681; C.S., s. 8058.)
188
104-7. Acquisition of lands for public buildings; cession of jurisdiction;
exemption from taxation.--The consent of the State 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 the State required for the sites for custom houses, courthouses,
post offices, arsenals, or other public buildings whatever, or for any
other purposes of the government.
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 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.
The jurisdiction ceded shall not vest until the United States shall
have acquired title to said lands by purchase, condemnation, or otherwise.
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 under the
authority of this State. (1907, c. 25; C.S., s. 8059.)
104-8. Further authorization of acquisition of land.--The United
States is hereby authorized to acquire lands by condemnation or otherwise
in this State for the purpose of preserving the navigability of navigable
streams and for holding and administering such lands for national park
purposes: Provided, that this section and 104-9 shall in nowise affect
the authority conferred upon the United States and reserved to the State
in 104-5 and 1046. (1925, c. 152, s. 1.)
104-9. Condition of consent granted in preceding section.-This consent
is given upon condition that the State of North Carolina shall retain
a concurrent jurisdiction with the United States is and over such lands
so far that civil process in all cases, and such criminal process as
may issue under the authority of the State of North Carolina against
any person charged with the commission of any crime, without or within
said jurisdiction, may be executed thereon in like manner as if this
consent had not been given. (1925, c. 152, s. 2.)
Chapter 113, article 9, section--
113-113. Legislative consent jurisdiction made a misdemeanor.-The
consent of the General assembly of North Carolina is hereby given to
the making by the 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
189
non-game birds, and fish on such lands in the western part of North Carolina
as shall have been, or may hereafter be, purchased by the United States
under the terms of the act of Congress of March first, one thousand nine
hundred and eleven, entitle "An act to enable any state to co-operate
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 purposes of conserving the navigability
of navigable rivers" (36 U.S. Stat. at Large, p. 961), and acts of Congress
supplementary thereto and amendatory thereof, and in or on the waters
thereon.
Nothing in this section shall be construed as conveying the ownership
of wild life from the State of North Carolina or permit the trapping,
hunting or transportation of any game animals, game or non-agency, department
or instrumentality of the United States government or agents thereof,
on the lands in North Carolina, as shall have been or may hereafter be
purchased by the United States under the terms of any act of Congress,
except in accordance with the provisions of article 7 of this subchapter.
Any person, firm or corporation, including employees or agents of any
department or instrumentality of the United States government, violating
the provisions of this section shall be guilty of a misdemeanor and shall
be punished in the discretion of the court. (1915, c. 205; C.S. c. 2099;
1939, c. 79, 1, 2.)
NORTH DAKOTA
Constitution of North Dakota, article XVI, section--
Sec. 204. Jurisdiction is ceded to the United States over the military
reservations of Fort Abraham Lincoln, Fort Buford, Fort Pembina and Fort
Totten hereto fore declared by the president of the United States; provided,
legal process, civil and criminal, of this state, shall extend over such
reservation in all cases in which exclusive jurisdiction is not vested
in the United States, or of crimes not committed within the limits of
such reservations.
North Dakota Revised Code of 1943, title 54, chapter 54-01, sections
-
54-0106 Jurisdiction over property in State; limitations.--The sovereignty
and jurisdiction of this state extends to all places within its boundaries
as established by the constitution, but the extent of such jurisdiction
over places that have been or may be ceded to, or purchased or condemned
by, the United States, is qualified by thee terms of such cession or
the laws under which such purchase or condemnation has been or may be
made.
190
54--107. Legislative consent to purchase of lands by United States;
Jurisdiction.--The legislative assembly consents to the purchase or condemnation
by the United States of any tract within this state for the purpose
of erecting forts, magazines, arsenals, and other needful buildings,
upon the express condition that all civil process issued from the courts
of this state, and such criminal process as may issue under the authority
of this state against any person charged with crime, may be served and
executed thereon in the same manner and by the same officers as if the
purchase or condemnation had not been made.
54-0108. Jurisdiction ceded to lands acquired by United States for
military post.--Jurisdiction is ceded to the United States over any tact
of land that may be acquired by the United States on which to establish
a military post. Legal process, civil and criminal, of this state, shall
extend over all land acquired by the United States to establish a military
post in any case in which exclusive jurisdiction is not vested in the
United States, and in any case where the crime is not committed within
the limits of such reservation.
OHIO
Baldwin's Ohio Revised Code, Annotated, 1953, chapter 159, section
-
159.01 (13768). Acquisition of title to land by United States.--
Whenever it is necessary for the United States to acquire title to a
tract of land in this state for any purpose, and the state gives its
consent to such acquisition, the United States may acquire such land
by appropriation; and for such purpose the "Act prescribing the mode
of assessment and collection of compensation to the owners of private
property appropriated by and to the use of corporations," passed April
23, 1872, and all acts amendatory thereof, are hereby made applicable,
and said United States may pay the cost, including such reasonable attorney
fees as are allowed by the court, to the person whose property is sought
to be appropriated, and refuse to make the appropriation, if in their
judgment the compensation assessed is too great to justify the appropriation.
159.03 (13770). Consent of state given to acquisition by United States
of land required for Government purposes.--The consent of the state is
hereby given, in accordance with clause 17, Section 8, Article I, United
States Constitution, to the acquisition by the United States, by purchase,
condemnation, or otherwise, of any land in this
191
state required for sites for custom houses, courthouses, post offices,
arsenals, or other public buildings whatever, or for any other purposes
of the government.
159.04 (13771). Exclusive jurisdiction over land ceded to the United
States; exceptions.--Exclusive jurisdiction in and over any land acquired
by the United States under section 159.03 of the Revised Code is hereby
ceded to the United States, for all purposes except the service upon
such sites of all civil and criminal process of the courts of this state.
The Jurisdiction so ceded shall continue no longer than the said United
States owns such lands.
159.05 (13772). Jurisdiction shall vest; voting.--The jurisdiction
ceded under section 159.04 of the Revised Code shall not vest until the
United States has acquired title to the lands by purchase, condemnation,
or otherwise. As long as the lands remain the property of the United
States they are 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. Sections 159.03 to 159.06, inclusive,
of the Revised Code do not prevent any officers, employees, or inmates
of any national asylum for disabled volunteer soldiers located on any
such land over which jurisdiction is ceded, who are qualified voters
of this state from exercising the right of suffrage at all township,
county, and state elections in any township in which such national asylum
is located.
Chapter 3503, section--
3503.03 (4785-32). Inmates of soldier's homes.--Infirm or disabled
soldiers who are inmates of a national home for such soldiers, who are
citizens of the United States and have resided in this state one year
next preceding any election, and who are otherwise qualified as to age
and residence within the county and township shall have their lawful
residence in the county and township in which such home is located.
OKLAHOMA
Oklahoma Statutes Annotated, title 29, section--
604. National Forest Lands--Rules and regulations of Federal Government.
-The consent of the State of Oklahoma be and hereby is given to the making
by Congress of the United States or under its authority, of all such
rules and regulations as the Federal Government may determine to be needful
in respect to game animals, game and nongame birds and fish on or in
and over National Forest Lands within the State of Oklahoma. Laws 1951,
p. 90, 604.
Title 80, sections--
1. State's consent to acquisition of lands by United States.-The
consent of the State of Oklahoma is hereby given, in accordance with
192
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, postoffices, arsenals, forts, magazines, dockyards,
military reserves, forest reserves, game preserves, national parks, irrigation
or drainage projects, or for needful public buildings or for any other
purposes for the government. (R.L., 1910, 3190; Laws 1915, ch. 46,
1.)
2. Jurisdiction ceded to United States over lands acquired.-Exclusive
jurisdiction in and over any lands 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 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. (R. L. 1910,
3191.)
3. Vesting of jurisdiction--Exemption of lands from taxation.-The
jurisdiction ceded shall not vest until the United States shall have
acquired the title of 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
under the authority of this State. (R. L. 1910, 3192.)
OREGON
Oregon Revised Statutes, 1953, chapter 272, sections--
272.020 Conveyance of site to United States for aid to navigation;
jurisdiction.--Whenever the United States desires to acquire title to
land belonging to the state, and covered by the navigable waters of the
United States, within the limits hereof, for the site of 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 of such purposes, the Governor may convey the title to the United
States, and cede to the United States jurisdiction over the same; provided,
no single tract shall contain more than 10 acres. The State of Oregon
shall retain concurrent 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 amenable to the same within
the limits of land so ceded, in like manner and to life effect as if
this section had never been passed.
272.030 Acquisition of land for Federal buildings; jurisdiction.-Consent
hereby is given to the United States to purchase or otherwise acquire
any lands within the State of Oregon for the purpose of
193
erecting thereon any needful public buildings, under authority of any
Act of Congress. The United States may enter upon and occupy any such
lands which may be purchased or otherwise acquired, and shall have the
right of exclusive jurisdiction over the same except that all process,
civil or criminal, issuing under authority of the laws of the State of
Oregon, may be executed by the proper officers thereof upon any person
amenable to the same within the limits of the land so acquired, in like
manner and to the same effect as if this section had not been passed.
PENNSYLVANIA
Purdon's Pennsylvania Statues Annotated (1953), title 74, section-
1. Jurisdiction of state ceded to the United States, in certain
cases.--The jurisdiction of this State is hereby ceded to the United
States of America over all such pieces or parcels of land, not exceeding
ten acres in anyone township, ward or city, or borough, 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 post offices, custom
houses or other structures, exclusively owned by the general government,
and used for its purposes: Provided, That an accurate description and
plan 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 Department of Internal Affairs of this State, as soon as said
United States shall have acquired possession of the same.
All such descriptions and plans heretofore filed with the Secretary
of the Commonwealth shall, as soon as it may conveniently be done, be
transferred to the Department of Internal Affairs, and the Department
of Internal Affairs shall give to the Secretary of the Commonwealth proper
receipts for such descriptions and plans.
The jurisdiction so ceded to the United States of America is granted
upon the express condition that the Commonwealth of Pennsylvania shall
retain concurrent jurisdiction,, with the United States in and over the
lands and buildings aforesaid, in so far that civil process in al cases,
and such criminal process as may issue under the authority of the Commonwealth
of Pennsylvania against anyone charged with crime committed outside said
land, may be executed thereon in the same manner as if this jurisdiction
so long as the said land shall be used for the purposes for which jurisdiction
is ceded and no longer.
The jurisdiction so ceded to the United States shall be upon the further
condition that the Commonwealth reserves to itself and its
194
political subdivisions whatever power of taxation it may constitutionally
reserve, to levy and collect all taxes now or hereafter imposed by the
Commonwealth and its political subdivisions upon property, persons, and
franchises within the boundaries so ceded. 1883, June 13, P. L. 118;
1; 1905, March 17, P.L. 45, 1; 1933, May 2, P.L. 223, 1945, April
17, P.L. 235, 1.
11. Consent to acquisition of lands for dams, locks, etc., by the
United States.--Whenever the United States shall make an appropriation,
and shall be about to begin the improvement of any of the navigable waters
within the state of Pennsylvania, by means of locks and permanent and
moveable dam or dams with adjustable chutes, the consent of the state
of Pennsylvania, through the governor thereof, is hereby given to the
acquisition by the United States, by purchase, or by condemnation in
the manner hereinafter provided, of any lands, buildings or other property,
necessary for the purposes of erecting thereon dams, abutments, locks,
lockhouses, chutes and other necessary structures for the construction
and maintenance of slack water navigation on said rivers, and the United
States shall have, hold, use and occupy the said land or lands, buildings,
or other property, when purchased or acquired as provided by this act,
and shall exercise jurisdiction and control over the same, concurrently
with the state of Pennsylvania. 1887, May 18, P.L. 121, 1.
RHODE ISLAND
Rhode Island General Laws of 1938 (Annotated), title 1, chapter 1,
section--
2. The jurisdiction of the state shall extend to, and embrace, all
places within the boundaries thereof, except as to those p;aces that
have been ceded to the United States, or have been purchased by the United
States with the consent of the state, Provided, however, with respect
to all land, the jurisdiction over which shall have been ceded to the
United States by the State of Rhode Island, the said State of Rhode Island
shall have and hereby does retain concurrent jurisdiction with the United
States of and over said land, for the sole and only purpose of serving
and executing thereon civil and criminal process issuing by virtue of
and under the laws and authority of the State of Rhode Island.
4. The premises described in the preceding section shall be exempt
from all taxes and assessments and other charges which may be levied
or imposed under the authority of said state and shall so continue to
be exempt as long as said property shall remain the property of the United
States and no longer. (P.L.,1919, Ch. 1717.)
195
Title 1, chapter 2, section--
1. The consent of the state of Rhode Island 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 from any person within the
limits of the state for the purpose of erecting thereon post-offices,
lighthouses, beacon-lights, rangelights, life-saving stations, and lightkeepers'
dwellings, and other needful public buildings or for the location, construction
, or prosecution of forts, fortifications, coast defenses, and appurtenances
thereto, or for the location and maintenance of any cable-lines, landing
places, terminal stations, and other needful buildings connected therewith
for weather-bureau purposes, or for the establishment of navel stations
or coal depots, or the section of buildings, piers, wharves, or other
structures for naval uses, or for the establishment of fish or lobster
cultural stations or hatcheries, or the erection or construction of other
needful buildings connected therewith or for the erection or construction
of piers, wharves, dams, or other structures for use in connection with
said fish or lobster cultural stations or hatcheries; and all deeds,
conveyances, or title papers for the same shall be recorded, as in other
cases, upon the land records of the town in which the land so conveyed
may lie; the consent herein given being in accordance with the 17th clause
of the 8th section of the first article of the constitution of the United
States and with the acts of congress in such cases made and provided.
(P.L., 1926, Chap. 805, amending P. L., 1918, Chap. 1608.)
2. The lots, parcels, or tracts of land so selected, together with
the tenements and appurtenances for the purposes before mentioned, shall
be held exempt from taxation by the State of Rhode Island.
5. Whenever it shall be made to appear to the superior court, upon
the application of any authorized agent of the United States, that said
United States is desirous of purchasing any tract of land, and the right
of way thereto, within the limits of this state, for the erection of
a light-house, beacon-light, rangelight, life-saving station, or lightkeeper's
dwelling, or for the location, construction, or prosecution of forts,
fortifications, coast defenses and appurtenances thereto, and that the
owner of said land is unknown, nonresident, or a minor, or from any other
cause is incapable of making a perfect title to said lands, or in case
the said owners, being residents and capable of conveying, shall, from
disagreement in price, or from any other cause, refuse to convey said
lands to the United States the said court shall order notice upon said
application to be published in the newspaper published nearest the place
where the land lies, also in a newspaper published in Newport, and in
a newspaper published in Providence, once in each week for the space
of 4 months, which notice shall contain
196
an accurate description of the said lands, together with the names of
the owners, or supposed owners, and shall require all persons interested
in said lands to appear on a day and at a place to be specified in said
notice, and to make their objections, if any they have, to having the
lands condemned to the United States for the use aforesaid. Whereupon,
the said court shall proceed to empanel a jury, as in other cases, to
appraise the value of said lands, as their fair market value, and all
damages sustained by the owners thereof by the appropriation thereof
by the United States for the purpose aforesaid; which award, when so
assessed, with the entire courts of said proceedings, shall be paid into
the general treasury of the state, and thereupon the sheriff of the county
in which such land lies, upon the production of the v), of the general
treasurer that the said amount has been paid, shall execute to the United
States, and deliver to their authorized agent, a deed of the said lands,
reciting the proceedings in said cause, which said deed shall convey
to the United States a good and absolute title to the said lands for
the purposes aforesaid, against all persons whatsoever.
9. All civil and criminal u issued under the authority of this state
or of any department, division or officer thereof may be served and executed
on any lot, piece, parcel or tract of land acquired by the United States
as aforesaid under the authority of this chapter, and in any buildings
or structures that may be erected thereon, in the same manner as if jurisdiction
had not been ceded as aforesaid. (P. L. 1935, Ch. 2199.)
SOUTH CAROLINA
Code of Laws of South Carolina, 1952, Annotated, title 28, chapter
1, article 3, section--
28-40. Consent to Congress making rules and regulations.--The consent
of the General Assembly is hereby given to the making by the 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 birds, non-game birds and fish on such lands and waters
in the State 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,
entitle "An Act to Enable any State to Cooperate with any other State
or States, with the United States for the Protection of the Watersheds
of Navigable Streams and to Appoint 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. (Acts 1922, p. 106.)
197
Title 39, chapter 2, article 1, section--
39-51. General consent to acquire lands.--The consent of this State
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, court
houses, post offices, arsenals or other public buildings whatever or
for any other purposes of the government.
1942 Code 2042; 1932 Code 2042; 1908 (25) 1127.
39-52. Jurisdiction over such lands; service of process.-Exclusive
jurisdiction in and over any land so acquired by the United States pursuant
to the consent given by 39-51 shall be, and the same is hereby, ceded
to the United States for all purposes except the service upon such sites
of all civil and criminal process of the courts of this State. The jurisdiction
so ceded shall continue no longer than the United States shall own such
lands.
1942 Code 2042; 1932 Code 2042; 1908 (25) 1127.
39-53. Jurisdiction not to vest until title acquired.--The jurisdiction
ceded in any case pursuant to 39-52 shall not vest until the United
States shall have acquired the title to any such lands by purchase condemnation
or otherwise.
1942 Code 2042; 1932 Code 2042; 1908 (25) 1127.
39-54. Exemption from taxation.--So long as any land acquired by
the United States pursuant to the consent given by 39-51 shall remain
the property of the United States, and no longer, such lands shall be
and continue exempt and exonerated from all State, county and municipal
taxation, assessments or other charges which may be levied or imposed
under the authority of this State.
1942 Code 2042; 1932 Code 2042; 1908 (25) 1127.
39-61. Land purchased for arsenals and magazines.--In addition to
the authority granted with respect to arsenals by article 1 of this chapter
the United States or such person as may be by it authorized may purchase
in any part of this State that may be thought most eligible the fee simple
of any quantity of land, not exceeding two thousand acres, for the purpose
of erecting arsenals and magazines thereon.
1942 Code 2043; 1932 Code 2043; Civ. C. '22 5; Civ. C. '12
5; Civ. C. '02 4; G. S. 4; R. S. 4; 1795 (5) 260.
198
39-62. Valuing lands if parties cannot agree. If the person whose
land may be chosen for the above mentioned purpose should not be disposed
to sell it or if the persons appointed to make the purchase should not
be able to agrees upon terms with such owner of such land, it shall be
valued, upon oath, by a majority of persons to be appointed by the court
of common pleas of the county where such land is situated for that purpose
and the land shall be vested in the Untied States upon the amount of
such valuation to the owner of such land.
1942 Code 2044; 1932 Code 2044; Civ. C. '22 6; Civ. C. '12
6; Civ. C. '02 5; R.S. 5; 1795 (5) 260.
39-63. Concurrent jurisdiction retained by State over such lands.
-Such land, when purchased, and every person and officer residing or
employed thereon, whether in the service of the United States or not,
shall be subject and liable to the government of this State and the jurisdiction
, laws and authority thereof. The United States shall exercise no more
authority or power within the limits of such land than it might have
done before acquiring it or than may be necessary for the building, repairing
or internal government of the arsenals and magazines thereon to be erected
and the regulation and the management thereof and of the officers and
persons by them to be employed in or about the same.
1942 Code 2045; 1932 Code 2045; Civ. C. '22 7; Cir. C. '12
7; Civ. C. '02 6; G. S. 6; 1795 (5) 260.
39-64. Exemption from taxation.--Such lands shall forever be exempt
from any taxes to be paid to this State.
1942 Code 2045; 1032 Code 2045; Civ. C. '22 7; Civ. C. '12
7; Civ. C. '12 6; G. S. 6; 1795 (5) 260.
Chapter 2, article 3, sections--
39-71. Power of Governor to convey or cede tracts.--Whenever the
United States desires to acquire title to land belonging to the State
and covered by the navigable waters of the 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 of the purposes aforesaid,
the Governor may convey the title to the United States and cede to the
United States jurisdiction over such land; provided, that no single tract
so conveyed shall contain more than ten acres.
1942 Code 2047; 1932 Code 2047; Civ. C. '22 9; Civ. C. '12
9; Civ. C. '02 8; G. S. 8; R. S. 8; 1874 (15) 790.
199
39-72. Concurrent jurisdiction; service of process.--The State shall
retain concurrent 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 amenable to such process within the
limits of land so ceded in like manner and to like effect as if this
article had never been enacted.
1942 Code 2047; 1932 Code 2047; Civ. C. '22 9; Civ. C. '12
9; Civ. C. '02 8; G. S. 8; R. S. 8; 1874 (15) 790.
Chapter 2, Article 4, Sections--
39-81. Jurisdiction ceded.--The jurisdiction of the State is hereby
ceded to the United States over so much land as is necessary for the
public purposes of the United States; provided, that the jurisdiction
hereby ceded shall not vest until the United States shall have acquired
the title to the lands by grant or deed from the owner thereof and the
evidences thereof shall have been recorded in the office where, by law,
the title to such land is recorded. The United States is to retain such
jurisdiction so long as such lands shall be used for the purposes aforementioned
and no longer.
1942 Code 2048; 1932 Code 2048; Civ. C. '22 10; Civ. C. '12
10; Civ. C. '02 9; G. S. 9; R. S. 9; 1871 14 535.
39-82. Retention of certain jurisdiction; service of process.-Such
jurisdiction is granted upon the express condition that the State shall
retain a concurrent jurisdiction with the United States in and over such
lands, so far as that civil process in all cases not affecting the real
or personal property of the United States and such criminal or other
process as shall issue under the authority of the State against any person
charged with crimes or misdemeanors committed within or without the limit
of such lands may be executed therein in the same way and manner as if
no jurisdiction had been hereby ceded.
1942 Code 2048; 1932 Code 2048; Civ. C. '22 10 Civ. P. '12
10; Civ. C. '02 9; G. S. 9; R. S. 9; 1871 (14) 535.
39-83. Exemption from taxation.--All lands and tenements which may
be granted to the United States pursuant to the provisions of 39-81
shall be and continue, so long as the same shall be used for the purposes
in said section mentioned discharged from all taxes, assessments and
other charges which may be imposed under the authority of the State.
1942 Code 2049; 1932 Code 2049; Civ. C. '22 11; Civ. C. '12
11; Civ. C. '02 10; G. S. 10; 1871 (15) 536.
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