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SOUTH DAKOTA
Constitution of South Dakota, article XXVI, section 18, paragraph-
FIFTH. That jurisdiction is ceded to the United States over the military
reservations of Fort Meade, Fort Randall and Fort Sully, heretofore declared
by the President of the United States: Provided legal process, civil
and criminal, of this state shall extend over such reservations in all
cases of which exclusive jurisdiction is not vested in the United States,
or of crimes not committed within the limits of such reservations.
These ordinances shall be irrevocable without the consent of the United
States, and also the people of the said state of South Dakota, expressed
by their legislative assembly.
South Dakota Code of 1939, chapter 55.01, section--
55.0101 Sovereignty and jurisdiction: extent and limitations.--The
sovereignty and jurisdiction of this state extends to all territory within
its established boundaries except as to such places wherein jurisdiction
is expressly ceded to the United States by the state Constitution, or
wherein jurisdiction has been heretofore or may be hereafter ceded to
the United States, with the consent of the people of this state, expressed
by their Legislature and the consent of the United States.
55.0102 United States government: jurisdiction; authority to acquire
land; purchase or condemnation; concurrent rights, service of process
state and federal government.--The people of this state by their Legislature
consent to the purchase or condemnation, by the United States, in the
manner prescribed by law, of any tract of land within this state owned
by any natural person or private corporation, required by the United
States for any public building, public work, or other public purpose;
provided that in the case of public buildings such tract shall not exceed
ten acres in extent.
Jurisdiction is ceded to the United States over any tract of land acquired
under the provisions of this section to continue only so long as the
United States shall own and occupy such tract. During which time the
same shall be exempt from all taxes, assessments, and other charges levied
or imposed under authority of the state.
The consent and jurisdiction mentioned in this section are given and
ceded upon the express condition that all civil and criminal process,
issued from the court of this state, may be served and executed in and
upon any tract of land so acquired by the United States, in the same
manner and by the same officers as if such purchase or condemnation had
not been made, except in so far as such process may affect the real or
personal property of the United States.
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55.0107 General cession of jurisdiction to United States: property
acquired by donation or otherwise for public purposes; acquired grants
confirmed; concurrent jurisdiction for service of process retained.-Jurisdiction
of the lands and their appurtenances which have been or may be acquired
by the United States through donations from this state or other states
or private perons or which may have been acquired by exchange, purchase,
or condemnation by the United States for use of the National Sanitarium
in Fall River county; Fish Lake in Aurora county; Wind Cave National
Park: the Bad Lands National Monument or Park, and for other public purposes
of the United States is hereby ceded to the United States and all such
prior grants or donations of this state are hereby confirmed; provided
however, that all civil or criminal process, issued under the authority
of this state or any officer thereof, may be executed on such lands and
in the buildings which may be located thereon in the same manner as if
jurisdiction had not been ceded.
TENNESSEE
Williams Tennessee Code, Annotated, 1934,, part I, title 2, chapter
1, article II, section--
96-82 (70). Sovereignty is coextensive with boundary.--The sovereignty
and jurisdiction of the state is coextensive with the boundaries thereof,
but the extent of such jurisdiction over places that have been or may
be ceded to the United States is qualified by the terms of such cession.
98-99. [Repealed.]
COMPLIER'S NOTE.--Section 1, Acts 1943, ch. 10, repealed these sections,
the same being the general acts of cession.
Section 2, Acts 1943, ch. 10, provides: "As to any lands heretofore
acquired by the United States Government, the map or plans of which and
description by metes and bounds has not been filed in the county court
clerk's office of the county in which the same was situated, by the date
of the passage of this act, the same shall not be permitted to be filed.
It is the purpose of this act to terminate definitely on the date of
its passage any further or additional cession of jurisdiction of property
to the United States under the provisions of Code sections 98 and 99.
Jurisdiction over property in respect to which Code sections 98 and
99 have not been fully complied with shall not be treated or deemed as
ceded and it is specifically provided that section 12 of the Code, or
any similar section, shall have no application to the provisions and
requirements of this act."
Emergency Clause.--Section 3, Acts 1943, ch. 10 declared an emergency.
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Part I, title 3, chapter 7A, article V, section--
1012.33. Acknowledgments, affidavits, etc., of members of the armed
forces taken before commissioned officers thereof.--As use in this act
the term "armed forces" shall include all persons serving in the army,
navy and marine corps of the United States.
2. In addition to the acknowledgment of instruments and the performance
of other notarial acts in the manner and form and as otherwise provided
by law, instruments may be acknowledged, documents attested, oaths and
affirmations administered, depositions and affidavits executed, and affirmations
administered, depositions and affidavits executed, and other notarial
acts performed in connection with any pleading or other instrument to
be filed or used in any court in this state, before or by any commissioned
officer in active service of the armed forces of the United States, with
the rank of ensign or higher, in the navy or coast guard, or with equivalent
rank in any other component part of the armed forces of the United States.
3. Such acknowledgment of instruments, attestation of documents, administrati
on of oaths and affirmations, execution of depositions and affidavits,
and performance of other notarial acts as aforesaid, heretofore or hereafter
made or taken, are hereby declared legal, valid and binding, and instruments
and documents so acknowledged,, authenticated, or sworn to, shall be
admissible in evidence and eligible to record in this state under the
same circumstances, and with the same force and effect, as if such acknowledgmen
t, attestation, oath, affirmation, deposition, affidavit or other notarial
act as aforesaid, had been made or taken within this state before or
by a duly qualified officer or official as otherwise provided by law.
Provided the validation of such instruments shall apply only to those
executed since the first day of November, 1940.
4. In the taking of acknowledgments and the performing of other notarial
acts requiring certification, a certificate endorsed upon or attached
to the instrument or documents, which shows the date of the notarial
act and which states, in substance, that the person appearing before
the officer acknowledged the instrument as his act, or made or signed
the instrument or document under oath, shall be sufficient for all intents
and purposes. The instrument or document shall not be rendered invalid
by the failure to state the place of execution or acknowledgment.
If the signature, rank and branch of service or subdivision thereof
of any such commissioned officer appear upon such instrument or
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document, or certificate, no further proof of the authority of such officer
so to act shall be required, and such action by such commissioned officer
shall be prima facie evidence that the person making such oath or acknowledgment
is within the purview of this act. (1945, ch. 5, secs. 1-4.)
Part I, Title 5, Chapter 1, Article IV, Section--
1085 689 (542). Exemptions enumerated.--The property herein enumerated
shall be exempt from taxation:
(1) Public property.--All property of the United States, all property
of the State of Tennessee, or any county, or of any incorporated city,
town, or taxing district in the state that is used exclusively for public,
county or municipal purposes. (1907, ch. 602, sec. 2.)
Part III, title 2, Chapter 15A, Section--
9572.18. Who may petition for adoption and change of name; joinder
of spouse.--(1) Any person over twenty-one years of age may petition
the chancery court to adopt a minor child and may pray for a change of
the name of such child. If the petitioner has a husband or wife living,
competent to join in the petition, such spouse shall join in the petition.
(2) Provided, however, that if the spouse of the petitioner is a natural
parent of the child to be adopted, such spouse need not join in the petition
but need only to give consent as provided herein.
(3) Provided further, that the petitioner or petitioners shall have
resided in Tennessee, or on federal territory within the boundaries of
Tennessee for one year next preceding the filing of the petition. (1951,
ch. 202, sec. 4.)
Public Statutes of the State of Tennessee, 1858-71--
Cemeteries
1866-7.--Chapter XLLIV
Whereas, In the late bloody sacrifice to restore and maintain to the
people of Tennessee the imperiled free institutions of our fathers, more
than fifty-five thousand of our fallen patriots were buried in our State,
and the government of our common Union has provided appropriate cemeteries
for the remains of these victims of rebellion, and requires that these
cemeteries be held sacred under the protection of the nation; therefore,
* * *
SEC. 2. That the exclusive jurisdiction over all tracts and parcels
of land, with the buildings and appurtenance belonging to the same,
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including the quarters for officers, keepers, guards, or soldiers in
charge of the same and the premises connected therewith, now, or at any
time hereafter purchased, used or occupied by the United States, their
officers or agents, for cemeteries or burial places, within the limits
of this State, is hereby ceded to the United States; and whenever such
premises shall be no longer required, used, or occupied by the United
States, the jurisdiction of such abandoned property may revert to the
State of Tennessee.
SEC. 3. The property over which jurisdiction is ceded herein, shall
be held exonerated and free from any taxation or assessment under the
authority of this State, or of any municipality therein, until the jurisdiction
shall have reverted; ;and the title and possession to said cemeteries,
grounds, buildings, and appurtenances, shall be protected to the United
States; and no process of any court shall be permitted against the same,
or to dispossess the officers or agents of the United States thereof,
without restricting any just claim for damages or value in the forum
or mode provided by the United States for prosecuting the same.
SEC. 4. That any malicious, willful, reckless, or voluntary injury
to, or mutilation of the graves, monuments, fences, shrubbery, ornaments,
walks, or buildings of any of said cemeteries, or burial places, or appurtenance
s, shall subject the offender or offenders, each, to a fine of not less
than twenty dollars; to which may be added, for an aggravated offense,
imprisonment, not exceeding six months, in the county jail or workhouse,
to be prosecuted before any court of competent jurisdiction.
TEXAS
Vernon's Annotated Constitution of the State of Texas, article 16,
section--
SEC. 34. The Legislature shall pass laws authorizing the Governor
to lease, or sell to the Government of the United States, a sufficient
quantity of the public domain of the State necessary for the erection
of forts, barracks, arsenals, and military stations, or camps, and for
other needful military purposes; and the action of the Governor therein
shall be subject to the approval of the Legislature.
Vernon's Annotated Revised Civil Statutes of the State of Texas (revision
of 1955), title 85--
ART. 5242. 5252 Authorized uses.--The United States Government through
its proper agent, may purchase, acquire, hold, own, occupy and possess
such lands within the limits of this State as it deems expedient and
may seek to occupy and hold as sites on which to erect and
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maintain lighthouses, forts, military stations, magazines, arsenals,
dock yards, customhouses, post offices and all other needful public buildings,
and for the purpose of erecting and constructing locks and dams, for
the straightening of streams by making cutoffs, building levees, or for
the erection of any other structures, or improvements that may become
necessary in developing or improving the waterways, rivers and harbors
of Texas and the consent of the Legislature is hereby expressly given
to any such purchase or acquisition made in accordance with the provisions
of this law. Acts 1905, p. 101.
ART. 5244. 5271 Immediate occupancy.--Upon the filing of the award
of the commissioners with the county judge, if the United States Government
shall deposit the amount of the award of the commissioners, together
with all costs adjudged against the United States, they may proceed immediately
to the occupancy of the said land and to the construction of their said
improvements without awaiting the decision of the county court. Id.
ART. 5244A. Municipal corporations and political subdivisions or
districts; conveyances to United States in aid of navigation, flood control,
etc.; prior conveyances validated.--SECTION 1. When any County one or
more of the boundaries of which is coincident with any part of the International
Boundary between the United States and Mexico, or any County of such
described class, and when any City, Town, Independent School District,
Common School District, Water Improvement District, Water Control and
Improvement District, Navigation District, Road District, Levee District,
Drainage District, or any other municipal corporation, political subdivision
or District organized and existing under the Constitution and laws of
this State, which may be located within any County of such described
class, may be the owner of any property, land, or interest in land desired
by the United States of America to enable any department or establishment
thereof to carry out the provisions of any Act of Congress in aid of
navigation, flood control, or improvement of water courses, and in order
to accomplish the purposes specified in Article 3242 of the 1925 Revised
Statutes of Texas, any such County, City, Town, or other municipal corporation,
political subdivision, or District of this State is hereby authorized
and empowered, upon request by the United States through its proper officers
for conveyance of title or
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easement to any part of such property, land, or interest in land, which
may be necessary for the construction, operation, and maintenance of
such works, to convey the same with or without monetary consideration
therefor to the United States of America, or to any other of the political
subdivisions herein enumerated which by resolution of its governing body
may have heretofore agreed or may thereafter agree to acquire and convey
the same, for ultimate conveyance to the United States of America and
all such conveyances heretofore made are hereby ratified and confirmed.
Provided that nothing in this Act is intended, nor shall this Act cede
any of the rights of the Arroyo-Colorado Navigation District of Cameron
and Willacy Counties, which District was formed in 1927 under the Acts
of the Thirty-ninth Legislature, from dredging, widening, straightening,
or otherwise improving the ArroyoColorado and all other lakes, bays,
streams or bodies of water within said Navigation District or adjacent
or appurtenant thereto, as a Navigation Project or the construction of
turning basins, yacht basins, port facilities, reserving to said District
all rights conferred by law in developing said Navigation Project and
all improvements incident, necessary or convenient thereto.
SEC. 2. If any section, word, phrase, or clause in this Act be declared
unconstitutional for any reason, the remainder of this Act shall not
be affected thereby. Acts 1937, 45th Leg., p. 145, ch. 77.
ART. 5244A-2. Commissioners' Courts Authorized to convey land to
United States for flood control near Mexican boundary.--SECTION 1. The
Commissioners' Court of any county one or more of the boundaries of which
is coincident with any part of the International Boundary between the
United States and Mexico, or any county contiguous to any such county,which
may have entered into an agreement with the United States of America
to acquire and upon request convey to the United States, with or without
monetary consideration, land or interest in land desired by the United
States to enable any department or establishment thereof to carry out
the provisions of any Act of Congress in aid of navigation, irrigation,
flood control, or improvement of water courses, and in order to accomplish
the purposes specified in Article 5242 of the 1925 Revised Statutes of
Texas, is hereby authorized and empowered, upon request by the United
States through its proper officers for conveyance of title to land or
interest in land, which may be necessary for the construction, operation,and
maintenance of such works, to secure by gift, purchase of by condemnation,
for ultimate conveyance to the United States, the land or interest in
land described in such request from the United States, and to pay for
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the same out of any special flood-control funds or any available county
funds. Provided, that in the event of condemnation by the county the
procedure shall be the same as that set out in Title 52, Articles 3264
to 3271 inclusive, Revised Civil Statutes of Texas of 1925, and Acts
amendatory thereof, and supplementary thereto; Provided, further, that
at any time after the award of the Special Commissioners the county may
file a declaration of taking signed by the County Judge,after proper
resolution by the Commissioners' Court, declaring that the lands, or
interest therein, described in the original petition are thereby taken
for a public purpose and for ultimate conveyance to the United States.
Said declaration shall contain and have annexed thereto--
(1) A description of the land taken sufficient for the identification
thereof.
(2) A statement of the estate or interest in said land taken, and
the public use to be made thereof.
(3) A plan showing the lands taken.
(4) A statement of the amount of damage awarded by the Special Commissioners
, or, by the jury on appeal for the taking, of said land.
SEC. 2. Upon the filing of said declaration of taking with the County
Clerk and the deposit of the amount of the award in money with the County
Clerk, subject to the order of the defendant, and the payment of the
costs, if any, awarded against the county, title in fee simple, or such
less estate or interest therein specified in said declaration, shall
immediately vest in the county, and said land shall by deemed to be condemned
and taken for the uses specified, and may be forthwith conveyed to the
United States and the right to just compensation for the same shall vest
in the persons entitled thereto; and said compensation shall be ascertained
and awarded in said eminent domain proceeding and established by judgment
therein against the county filing the said declaration; provided, further,
that no appeal from such award nor service of process by publication
shall have the effect of suspending the vesting of title in said county
and the only issue shall by the question as to the amount of damages
due to the owner from said county for the appropriation of said lands
or interest therein for such public purpose. Acts 1939, 46th Leg., p.
482.
ART. 5245. 5273, 372, 331. State land.--When this State may be the
owner of any land desired by the United States for any purpose specified
in this title, the Governor may sell such land to the United States,
and upon payment of the purchase money therefor into the Treasury, the
Land Commissioner, upon the order of the Governor, shall issue a patent
to the United States for such land in like manner
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as other patents are issued. Acts 1854, p. 192; P.D. 5450; G. L. vol.
3, p. 1546.
ART. 5246. 5274, 373, 332. To record title.--All deeds of conveyances,
decrees, patents, or other instruments vesting title in lands within
this State in the United States, shall be recorded in the land records
of the county in which such lands, or a part thereof, may be situate,
or in the county to which such county may be attached for judicial purposes
and until filed for record in the proper county they shall not take effect
as to subsequent purchasers in good faith, for a valuable consideration,
and without notice. Acts 1871, p. 19; P. D. 7693, G. L. Vol. 6, p. 921.
ART. 5247. 5275-6. Federal jurisdiction.--Whenever the United States
shall acquire any lands under this title and shall desire to acquire
constitutional jurisdiction over such lands for any purpose authorized
herein, it shall be lawful for the Governor, in the name and in behalf
of the State, to cede to the United States exclusive jurisdiction over
any lands so acquired, when application may be made to him for that purpose,
which application shall be in writing and accompanied with the proper
evidence of such acquisition, duly authenticated and recorded, containing
or having annexed thereto, and accurate description by metes and bounds
of the lands sought to be ceded. No such cession shall ever be made
except upon the express condition that this State shall retain concurrent
jurisdiction with the United States over every portion of the lands so
ceded, so far, that all process, civil or criminal issuing under the
authority of this State or any of the courts or judicial officers thereof,
may be executed by the proper officers of the State, upon any person
amenable to the same within the limits of the land so ceded, in like
manner and like effect as if no such cession had taken place; and such
conditio shall be inserted in such instrument of cession. Acts 1849,
p.12; G.L. vol. 3, p. 450.
ART. 5248. 5277, 376, 335. Exempt from taxation.--The United States
shall be secure in their possession and enjoyment of all lands acquired
under the provisions of this title; and such lands and all improvements
thereon shall be exempt from any taxation under the authority of this
State so long as the same are held, owned, used and occupied by the United
States for the purposes expressed in this title and not otherwise; provided,
however, that any personal property located on said lands which is privately
owned by any person, firm, association of persons or corporation shall
be subject to taxation by this State and its political subdivisions;
and provided, further, that
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any portion of said lands and improvements which is used and occupied
by any person, firm, association of persons or corporation in its private
capacity, or which is being used or occupied in the conduct of any private
business or enterprise, shall be subject to taxation by this State and
its political subdivisions. As amended Acts 1950, 51st Leg., 1st C.
S., p. 105, ch. 37, 1.
Emergency. Effective March 17, 1950.
ART. 5248c. Counties authorized to convey lands to the United States.
-SECTION 1. That any county having title to a plot of ground used for
public purposes which is of area in excess of the needs of the county
for its public purposes may sell, at private sale, for any fair consideration,
and approved by its Commissioners Court, such excess area or any part
thereof to the United States of America under the provisions of the Statutes
of the United States of America authorizing the acquisition of sites
for public buildings. The Commissioners Court of any county is hereby
invested with full power to determine whether such excess of area exists,
and the extent to which such excess may be sold and conveyed for any
such purpose.
SEC. 2. All conveyances to the United States of America under the
provisions of this Act must be authorized by the Commissioners Court
of the county by an order entered upon its minutes in which it shall
describe the portion of such plot of public ground to be conveyed, the
consideration to be paid and shall direct that the County Judge of such
county execute in the name of the county by him as County Judge a conveyance
to the United States of America and make due delivery thereof upon payment
of such consideration to its proper officer, which conveyance shall be
in such form and contain such covenants and warranties as may be in such
form and contain such covenants and warranties as may be prescribed by
said Commissioners Court.
SEC. 3. That all proceedings and orders heretofore had and made by
the Commissioners Court of any county undertaking to sell and provided
for the conveyance of a part or part of any plot of ground such as is
described in Section 1 hereof to the United States of America, pursuant
to any advertisement by its officers inviting proposals to sell site
for any public building be and the same are hereby validated, and legalized,
as well as any deed executed and delivered or hereafter executed and
delivered carrying out any such sale.
SEC. 3a. Provided, however, said Commissioners Court shall incorporate
in any deed of conveyance to the United States of America a provision
reserving concurrent jurisdiction over said lands for the 46th Leg.,
p. 138.
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Utah Code Annotated 1953, title 20, chapter 2, section 14, subsection
-
(11) Any person living upon any Indian or military reservation shall
not be deemed a resident of Utah within the meaning of this chapter,
unless such person had acquired, a residence in some county in Utah prior
to taking up his residence upon such Indian or military reservation.
Title 63, chapter 8, sections--
63-8-1. Jurisdiction over land acquired or leased by United States
Reservations by state--Duration of jurisdiction.--Jurisdiction is hereby
ceded to the United States in, to and over any and all lands or territory
within this state which lave been or may be hereafter acquired by the
United States by purchase, condemnation or otherwise for military or
naval purposes and for forts, magazines, arsenals, dockyards and other
needful buildings of every kind whatever authorized by Act of Congress,
and in, to and over any and all lands or territory within this state
now or hereafter held by the United States under lease, use permit, or
reserved from the public domain for any of the purposes aforesaid; this
state, however, reserving the right to execute its process, both criminal
and civil within such territory. The jurisdiction so ceded shall continue
so long as the United States shall own, hold or reserve land for any
of the aforesaid purposes, or in connection therewith, and no longer.
63-8-2. Governor to execute conveyances.--The governor is hereby authorized
and empowered to execute all proper conveyances in the cession herein
granted, upon request of the United States or the proper officers thereof,
whenever any land shall have been acquired, leased, used, or reserved
from the public domain for such purposes.
63-8-4. Concurrent jurisdiction with United States.--The state of
Utah retains concurrent jurisdiction, both civil and criminal, with the
United States over all lands affected by this act.
VERMONT
The Vermont Statutes, Revision of 1947, title 3, chapter 4, sections
60. Concurrent jurisdiction reserved.--When, pursuant to article one,
section eight, clause seventeen of the Constitution of the United States,
consent to purpose is given and exclusive jurisdiction ceded to the United
States in respect to and over any lands within this state which shall
be acquired by the United States for the purposes described in such clause
of the Constitution, such jurisdiction shall
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continue so long as the lands are held and occupied by the United States
for public purposes; but concurrent jurisdiction is reserved for the
execution upon such lands of all process, civil or criminal, issued by
the courts of the state and not incompatible with the cession. The deed
or other conveyance of such land to the United States shall contain a
description of such lands by metes and bounds and shall be recorded in
the town clerk's office of the town in which such lands lie or an accurate
map or plan and description by metes and bounds of such lands shall be
filed in such clerk's office.
P. L. 51. G. L. 40. 1917, No. 254, 44. 1910, No. 1, 2. P.
S. 38. V. S. 2207. 1891, 15, 1.
61. Consent to purchase.--Subject to the provisions of section 60,
consent to purchase is hereby given and exclusive jurisdiction is ceded
to the United States in respect to and over so much land as the United
States has or may acquire for the purposes described in article one,
section eight, clause seventeen of the Constitution of the United States.
However, with respect to land hereafter sought to be acquired by the
United States for flood control purposes or for other needful buildings
as specified in such clause of the Constitution of the United States,
the consent of the state shall not be deemed to have been given unless
and until such land has been acquired by the state and conveyed to the
United States in the manner provided by chapter 241 with respect to public
works projects and with the written approval of the governor.
1939, No. 2, 1. P. L. 52. G. L. 41. 1917, No. 254, 45.
1910, No. 1, 1.2.
VIRGINIA
Code of Virginia, 1950, Annotated, title 7, chapter 3, sections--
7-17. Lands acquired for various purposes.--The United States, having
by consent of the General Assembly purchased, leased, or obtained jurisdiction
over various parcels of land in this State for the erection of forts,
magazines, arsenals, dockyards and other needful buildings, for national
cemeteries, for conservation of forests and natural resources, and for
various other purposes, and the transfers of the property and jurisdiction
authorized by the several acts of the Assembly under which the cessions
were made being subject to certain terms and conditions therein expressed,
and under certain restrictions, limitations and provisions therein set
forth, it is hereby declared that this State retains concurrent jurisdiction
with the United States over the said aces, so far as it lawfully can,
consistently with the acts of Assembly before-mentioned, and its courts,
magistrates and officers may take such cognizance, execute such process,
and discharge such
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other legal functions within and upon the same as may not be incompatible
with the true intent and meaning of such acts of Assembly. (Code 1919,
17.)
7-18. Sites for lighthouses or other aids to navigation.--Whenever
the United States desires to acquire title to, or to lease land, whether
under water or not, belonging to the State for the site of a lighthouse,
beacon, life-saving station, or other aid to navigation, and application
is made by a duly authorized agent of the United States, describing the
site required for any of the purposes aforesaid, the Governor of the
State shall have authority to convey or to lease, as the case may be,
the site to the United States, provided, that no single parcel shall
contain more than ten acres. And it is hereby declared that the title
to the land so conveyed or leased to the United States, and the possession
thereof, shall revert to the State, unless the construction of a lighthouse,
beacon, life-saving station, or other aid to navigation be begun within
two years after such conveyance or lease is made, and be completed within
ten years thereafter; or, if completed, the use of the site for the purpose
for which it is granted or leased by discontinued for five years consecutively
after such construction is completed.
It is expressly provided, however, that, in case of any such lease
or conveyance of any such property, there is hereby reserved in the Commonwealth
of Virginia, over all lands therein embraced, the jurisdiction and power
to levy a tax on oil, gasoline and all other motor fuels and lubricants
thereon owned by others than the United States and a tax on the sale
thereof, on such lands, except sales to the United States for use in
the exercise of essentially governmental functions. There is further
expressly reserved in the Commonwealth the jurisdiction and power to
serve criminal and civil process on such lands and to license and regulate,
or to prohibit, the sale of intoxicating liquors on any such lands sand
to tax all property, including buildings erected thereon, not belonging
to the United States and to require licenses and impose license taxes
upon any business or businesses conducted thereon. For all purposes
of taxation and of the jurisdiction of the courts of Virginia over persons,
transactions, matters and property on such lands, the lands shall be
deemed to be a part of the county or city in which they are situated.
Any such conveyance or lease as herein provided for shall be deemed
to have been made upon the express condition that the relations of power
and limitations hereinabove provided for are recognized as valid by the
United States , and, in the event the United States shall deny the validity
of the same as to all or any part of such lands, then, and in that event,
the title and possession of all or any such part of such lands shall
immediately revert to the Commonwealth. Over all lands leased or conveyed
to the United States by the Governor pursuant to the
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authority herein conferred, the Commonwealth hereby cedes to the United
States the power and jurisdiction to protect such lands and all property
of the United States thereon from damage, depredation or destruction,
to regulate traffic on the highways thereon and all necessary jurisdiction
and power to operate and administer such lands and property thereon for
the purposes for which the same may be conveyed to the United States.
but the jurisdiction and power hereby ceded to the United States shall
not be construed as being in any respect inconsistent with or as in any
way impairing the jurisdiction and powers hereinabove specifically reserved
to the Commonwealth. (Code 1919, 18; 1936, p. 609.)
7-19. Sites for customs houses, courthouses, arsenals, forts, naval
bases, etc.--The conditional consent of the Commonwealth of Virginia
is hereby given to the acquisition by the United States, or under its
authority, by purchase, lease, condemnation, or otherwise, of any lands
in Virginia, whether under water or not, from any individual, firm, association
or body corporate, for sites for customs houses, courthouses, arsenals,
forts, naval bases, military or naval purpose. The conditions upon which
this consent is given are as follows:
That there is hereby reserved in the Commonwealth, over all lands so
acquired by the United States for the purposes aforesaid, the jurisdiction
and power to levy a tax on oil, gasoline and all other motor fuels and
lubricants thereon owned by others than the United States and a tax on
the sale thereof, on such lands, except sales to the United States for
use in the exercise of essentially governmental functions. There is
further expressly reserved in the Commonwealth the jurisdiction and power
to serve criminal and civil process on such lands and to license and
to prohibit, the sale of intoxicating liquors on any such lands and to
tax all property, including buildings erected thereon, not belonging
to the United States and to require licenses and impose license taxes
upon any business or businesses conducted thereon. For all purposes
of taxation and of the jurisdiction of the courts of ,D over persons,
transactions, matters and property on such lands, the lands shall be
deemed to be a part of the county or city in which they are situated.
Any such acquisition by or conveyance or lease to the United States,
as is herein provided for, shall be deemed to have been secured or made
upon the express condition that the reservations of power and limitations
hereinabove provided for are recognized as valid by the United States,
and, in the event the United States shall deny the validity of the same,
as to all or any part of such lands, then and in that event, the title
and possession of all or any such part of such lands conveyed to the
United States by the Commonwealth shall im-
214
mediately revert to the Commonwealth. Over all lands acquired by or
leased or conveyed to the United States pursuant to the conditional consent
herein conferred, the Commonwealth hereby cedes to the United States
concurrent jurisdiction, legislative, executive and judicial, with respect
to the commission of crimes and the arrest, trial and punishment therefor,
and also cedes to the United States the power and jurisdiction to protect
such lands and all property of the United States thereon from damage,
depredation or destruction, to regulate traffic on the highways thereon
and all necessary jurisdiction and power to operate and administer such
lands and property thereon for the purposes for which the same may be
conveyed to the United States, but the jurisdiction and power hereby
ceded to the United States shall not be construed as being inn any respect
inconsistent with or as in any way impairing the jurisdiction and powers
hereinabove specifically reserved to the Commonwealth. The jurisdiction
and powers hereby ceded shall not apply to lands acquired for the purposes
enumerated in 721. Whenever the United States shall cease to use any
of such lands so acquired for any one or more of the purposes hereinabove
set forth, the jurisdiction and powers herein ceded shall as to the same
cease and determine, and shall revert to the Commonwealth.
7-20. Sites for post offices, etc.--The unconditional consent of
the Commonwealth of Virginia is hereby given to the acquisition by the
United States, or under its authority, by purchase, lease, condemnation,
or otherwise, of any lands in Virginia, from any individual, firm, association
or body corporate, for sites for post offices, or for services incidental
to postal work; provided, however, there is hereby expressly reserved
in the Commonwealth the jurisdiction and power to serve criminal and
civil process on such lands.
Whenever the United States shall cease to use any of such lands so
acquired for any one or more of the purposes hereinabove set forth, the
jurisdiction and powers herein ceded shall as to the same cease and determine,
and shall revert to the Commonwealth. (1940, p. 749; Michie Code 1942,
19f.)
7-21. Soldiers' homes, conservation, improvement of rivers, harbors,
etc.--The conditional consent of Commonwealth of Virginia is hereby given
to the acquisition by the United States, or under its authority, by purchase
or lease, or in cases where it is appropriate that the United States
exercise the power of eminent domain, then by condemnation, of any lands
in Virginia from any individual, firm, association or private corporation,
for soldiers' homes, for the con-
215
servation of the forests or natural resources, for the retirement from
cultivation and utilization for other appropriate use of sub-marginal
agricultural lands, for the improvement of rivers and harbors in or adjacent
to the navigable waters of the United States, for public parks and for
any other proper purpose of the government of the United States not embraced
in 7-19.
Over all lands heretofore or hereafter acquired by the United States
for the purposes mentioned in this section, the Commonwealth hereby cedes
to the United States the power and jurisdiction to regulate traffic over
all highways maintained by the United States thereon, to protect the
lands and all property thereon belonging to the United States from damage,
depredation or destruction and to operate and administer the lands and
property thereon for the purposes for which the same shall be acquired
by the United States. The Commonwealth hereby reserves to herself all
other powers and expressly and specifically reserves the jurisdiction
and power to levy a tax on oil, gasoline and all other motor fuels and
lubricants, on such lands, not belonging to the United States, and a
tax on the sale thereof on any part of any lands acquired by the United
States for the purpose embraced in this section. The Commonwealth hereby
further reserves expressly and specifically the jurisdiction and power
to tax, license and regulate, or to prohibit, the sale of intoxicating
liquors on any such lands so acquired; to tax all property, including
buildings erected thereon, not belonging to the United States; to require
licenses and impose license taxes upon any business or businesses conducted
thereon. For all purposes of taxation and of the jurisdiction of the
courts of Virginia over persons, transactions, matters and property on
such lands, the lands shall be deemed to be a part of the county or city
in which they are situated. The above powers enumerated as expressly
and specifically reserved to the Commonwealth shall not be construed
as being in any respect inconsistent with or impaired by the powers herein
ceded to the United States.
The Commonwealth hereby further reserves unto herself over all such
lands exclusive governmental; judicial, executive and legislative powers,
and jurisdiction in all civil and criminal matters, except in so far
as the same may be in conflict with the jurisdiction and powers herein
ceded to the United States. (1936, p. 611; Michie Code 1942, 19c.
7-23. Waste, unappropriated and marsh lands.--(1) Waste and unappropriated
lands.--The Governor is authorized to execute in the name of the Commonwealth
deeds conveying, subject to the jurisdictional and other limitations
and reservations contained in 7-21 and 7-25, to the United States
such title as the Commonwealth may have
216
in waste and unappropriated lands entirely surrounded by lands owned
by the United States, when the same are certified as being vacant and
unappropriated by a duly authorized agent of the United States and are
described by metes and bounds descriptions filed with the Secretary of
the Commonwealth and with the clerk of the court in the county wherein
such unappropriated land is situated.
(2) Marsh lands in certain counties.--The Governor is authorized to
execute, in the name and on behalf of the Commonwealth, a deed or other
appropriate instrument conveying to the United States of America, without
any consideration but subject to the jurisdictional limitations and reservations
contained in 7-21 and 7-25, such right, title and interest in or
easement over and across the marshes lying along the sea side of the
counties of Accomack and Northampton as may be necessary and proper for
the construction, operation and maintenance of a canal or channel for
small boats over and through such marsh lands. (1946, pp. 651)
7-24. Ceding additional jurisdiction to the United States.--(1)
In addition to the jurisdiction and powers over certain lands ceded to
the United States by 7-18, 7-19 and 7-21, there is hereby ceded to
the United States concurrent jurisdiction over crimes and offenses committed
on lands acquired since March twenty-eighth, nineteen hundred and thirty
six, and hereafter acquired by the United States in Virginia by purchase,
lease, condemnation or otherwise, for sites for customs houses, courthouses,
arsenals, forts, naval bases, military or naval airports, or airplane
landing fields, veterans hospitals, or for any military or naval purpose,
and there is hereby ceded to the United States such additional jurisdiction
and powers over lands acquired by the United States in Virginia by purchase
or condemnation as hereinafter provided.
(2) Whenever the head or other authorized officer of any department
or independent establishment or agency of the United States shall deem
it desirable that such additional jurisdiction or powers be ceded over
any lands in Virginia acquired or proposed to be acquired by the United
States under his immediate jurisdiction, custody or control, and whenever
the Governor and Attorney General of Virginia shall agree to the same,
the Governor and Attorney General of Virginia shall agree to the same,
the Governor and Attorney General shall execute and acknowledge a deed
in the name of and under the lesser seal of the Commonwealth ceding such
additional jurisdiction. The deed shall accurately and specifically
describe the area and location of the land over which the additional
jurisdiction and powers are ceded and shall set out specifically what
additional jurisdiction and powers are ceded, and may set out any reservations
in the Con-
217
monwealth of jurisdiction which may be deemed proper in addition to those
referred to in subsection (6) hereof.
(3) In the event that the United States does not desire to accept
all or any part of the jurisdiction and powers ceded by 7-18, 7-19
and 7-21 the deed shall set out specifically the jurisdiction and powers
which it is desired not to accept.
(4) No such deed shall become effective or operative until the jurisdiction
therein provided for is accepted on behalf of the United States as required
by section three hundred and fifty-five of the Revised Statutes of the
United States. The head or other authorized officer of a department
or independent establishment or agency of the United States shall indicate
such acceptance by executing and acknowledging such deed and admitting
it to record in the office of the clerk of the court in which deeds conveying
the lands affected would properly be recorded.
(5) When such deed has been executed and acknowledged on behalf of
the Commonwealth and the United States, and admitted to record as hereinbefore
set forth,it shall have the effect of ceding to and vesting in the United
States the jurisdiction and powers therein provided for and none other.
(6) Every such deed as is provided for in this section shall reserve
in the commonwealth over all lands therein referred to the jurisdiction
and power to serve civil and criminal process on such lands and in the
event that the lands or any part thereof shall be sold or leased to any
private individual, or any association or corporation, under the terms
of which sale or lease the vendee or lessee shall have the right to conduct
thereon any private industry or business, then the jurisdiction ceded
to the United States over any such lands so sold or leased shall cease
and determine, and thereafter the Commonwealth shall have all jurisdiction
and power she would have had if no jurisdiction or power had been ceded
to the United States for purposes of national defense. It is further
provided that the reservations provided for in this subsection shall
remain effective even though they should be omitted from any deed executed
pursuant to this section.
(7) Nothing contained in this section shall be construed as repealing
any special acts ceded jurisdiction to the United States to acquire any
specific tract of land. (1940, p. 761; Michie Code 1942, 19e.)
7-25. Reversion to Commonwealth; recorded title prerequisite to
vesting of jurisdiction.--If the United States shall cease to be the
owner of any lands, or any part thereof, granted or conveyed to it by
the Commonwealth, or if the purposes of any such grant or conveyance
218
of the United States shall cease, or if the United States shall for five
consecutive years fail to use any such land for the purpose of the grant
or conveyance, then, and in that event, the right and title to such land
or such part thereof, shall immediately revert to the Commonwealth.
All deeds, conveyances or title papers for the transfer of title of
lands to the United States shall be recorded in the county or corporation
wherein the land or the greater part thereof lies, but no tax shall be
required on any such instrument made to the United States by which they
acquire lands for public purposes.
The jurisdiction ceded by 7-18, 7-19 and 7-21, shall not vest until
the United States shall have acquired the title of record to such lands,
or rights or interest therein, by purchase, condemnation, lease or otherwise.
So long s the lands, or any rights or interest therein, are held in
fee simple by the United States, and no longer, such lands, rights or
interest, as the case may be, shall continue exempt and exonerated, from
all state, county and municipal taxes which may be levied or imposed
under the authority of this State. (1936, p. 612; Michie Code 1942,
19d.)
WASHINGTON
The Constitution of the State of Washington, article XXV,section--
1. Authority of the United States.--The consent of the State of Washington
is hereby given to the exercise, by the congress of the United States,
of exclusive legislation in all cases whatsoever over such tracts or
parcels of land as are now held or reserved by the government of the
United States for the purpose of erecting or maintaining thereon forts,
magazines, arsenals, dockyards, lighthouses and other needful buildings,
in accordance with the provisions of the seventeenth paragraph of the
eighth section of the first article of the Constitution of the United
States, so long as the same shall be so held and reserved by the United
States. Provided: That a sufficient description by metes and bounds,
and an accurate plat or map of each such tract or parcel of land be filed
in the proper office of record in the county in which the same is situated,toget
her with copies of the orders, deeds patents or other evidences in writing
of the title of the United States: and provided, 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 in cases arising outside of such reservations,may be served and
executed thereon in the same mode and manner, and by the same officers,
as if the consent herein given had not been made.
219
Revised Code of Washington, 1951, 37, title 37, chapter 37.04, sections
-
37.04.010. Consent given to acquisition of land by United States.
The consent of this state is hereby given to the acquisition by the United
States, or under its authority, by purchase, lease, condemnation, or
otherwise, of any land acquired, or to be acquired, in this state by
the United States, from any individual, body politic or corporate, as
sites for forts, magazines, arsenals, dockyards, and other needful buildings
or for any other purpose whatsoever. The evidence of title to such land
shall be recorded as in other cases. [1939 c 126 1; RRS 8108-1.]
37.04.020 Concurrent jurisdiction ceded-Reverter.--Concurrent jurisdiction
with this state in and over any land so acquired by the United States
shall by, and the same is hereby, ceded to the United States, for all
purposes for which the land was acquired; but the jurisdiction so ceded
shall continue no longer than the United States shall be the owner of
such land, and if the purposes of any grant to or acquisition by the
United States shall cease, or the United States shall for five consecutive
years fail to sue any such land for the purposes of the grant or acquisition,
the jurisdiction hereby ceded over the same shall cease and determine,
and the right and title thereto shall revest in the state. The jurisdiction
ceded shall not vest until the United States shall acquire title of record
to such land. [1939 c 126 2; RRS 8108-2.]
37.04.030. Reserved jurisdiction of state.--The state of Washington
hereby expressly reserves such jurisdiction and authority over land acquired
or to be acquired by the United States as is not inconsistent with the
jurisdiction ceded to the United States by virtue of such acquisition.
[1939 c 126 3; RRS 8108-3.]
37.04.040. Previous cessions of jurisdiction saved.--Jurisdiction
heretofore ceded tot he United States over any land within this state
by any previous act of the legislature shall continue according to the
terms of the respective cessions: Provided, That if jurisdiction so
ceded has not been affirmatively accepted by the United States, or if
the United States has failed or ceased to use any such land for the purposes
for which acquired, jurisdiction here over shall be governed by the provisions
of this chapter. [1939 c 126 4; RRS 8108-4.]
37.08.010. County may aid in acquisition of land for permanent military
reservations. Whenever the Secretary of War shall agree on behalf of
the federal government, to establish in any county now or hereafter organized
in this state a permanent mobilization, training, and supply station
for any or all such military purposes as are
220
now or may be hereafter authorized or provided by or under federal law,
on condition that land in such county aggregating approximately a designated
number of acres at such location or locations as may have been or hereafter
be from time to time selected or approved by the Secretary of War, be
conveyed to the United States, with the consent of the state of Washington,
free from cost to the United States, and the board of county commissioners
of such county shall adjudge that it is desirable and for the general
welfare and benefit of the people of the county and for the interest
of the county to incur an indebtedness in an amount sufficient to acquire
land in such county aggregating approximately the number of acres so
designated at such location or locations as have been or may be hereafter
selected or approved by the Secretary of War, and convey all of such
lands to the United States to be used by the United States for any or
all such military purposes, including supply stations, the mobilization,
disciplining, and training of the United States army, state militia,
and other military organizations as are now or may be hereafter authorized
or provided by or under federal law, such county is hereby authorized
and empowered by and through its hoard of county commissioners to contract
indebtedness for such purposes in any amount not exceeding, together
with the existing indebtedness of such county, five percent of the taxable
property of such county, to be ascertained by the last assessment for
state and county purposes previous to the incurring of such indebtedness,
whenever there-fifths of the voters of such county, voting on the question
assent thereto at an election to be held for that purpose consistent
with the general election laws, which election may be a special or general
election. [1917 c. 4 2.]
37.08.180. Jurisdiction ceded.--Pursuant to the Constitution and laws
of the United States, and specially article 1, section 8, paragraph 17
of such Constitution, the consent of the state of Washington is hereby
given to the United States to acquire by donation from any county acting
under the provisions hereof, title to all lands acquired hereunder to
be evidenced by the deed or deeds of scud county, signed by the chairman
of its board of county commissioners and attested by the clerk thereof
under the seal of the board; and the consent of the state of Washington
is hereby given to the exercise by the congress of the United States
of exclusive legislation in all cases whatsoever, over such tracts or
parcels of land so conveyed to it: Provided, That upon such conveyance
being concluded, a sufficient description by metes and bounds and an
accurate plat or map of each tract or parcel of land shall be filed in
the office of the auditor of the county in which the lands are situated,
together with copies
221
of the orders, deeds, patents, or other evidences in writing of the title
of the United States: Provided further, 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
in cases arising outside of such mode and manner and by the same officers
as if the consent herein given had not been made [1917 c 4 22.]
WEST VIRGINIA
The West Virginia Code of 1955, Annotated, chapter 1, article 1, sections
-
3.[3] Acquisition of Lands by United States; Jurisdiction.--The
consent of this State is hereby given to the acquisition by the United
States, or under its authority, by purchase, lease, condemnation, or
otherwise, of any land acquired, or to be acquired in this State by the
United States, from any individual, body politic or corporate, for sites
for lighthouses, beacons, signal stations, post officer, customhouses,
courthouses, arsenals, soldiers' homes, cemeteries, locks, dams, armor
plate manufacturing plants, projectile factories or factories of any
kind or character, or any needful buildings or structures or proving
grounds, or works for the improvement of the navigation of any watercourse,
or work of public improvement whatever, or for the conservation of the
forests, or for any other purpose for which the same may be needed or
required by the government of the United States. The evidence of title
to such land shall be recorded as in other cases.
Any county, magisterial district or municipality, whether incorporated
under general law or special act of the legislature, shall have power
to pay for any such tract or parcel of land and present the same to the
Government of the United States free of cost, for any of the purposes
aforesaid, and to issue bonds and levy taxes for the purpose of paying
for the same; and, in the case of a municipal corporation, the land so
purchased and presented may be within the corporate limits of such municipality
or within five miles thereof: Provided, however, That no such county,
magisterial district or municipality shall, by the issue and sale of
such bonds, cause the aggregate of its debt to exceed the limit fixed
by the Constitution of this State: Provided further, That the provisions
of the Constitution and statutes of this State, or of the special act
creating any municipality, relating to submitting the question of the
issuing of bonds and all questions connected with the same to a vote
of the people, shall, in all respects, be observed and complied with.
Concurrent jurisdiction with this State in and over any land so acquired
by the United States shall be, and the same is hereby, ceded
222
to the United States for all purposes; but the jurisdiction so ceded
shall continue no longer than the United States shall be the owner of
such lands and if the purposes of any grant to the United States shall
cease, or the United States shall for five consecutive years fail to
use any such land for the purposes of the grant, the jurisdiction hereby
ceded over the same shall cease and determine, and the right and title
thereto shall reinvest in this State. The jurisdiction ceded shall not
vest until the United States shall acquire title of record to such land.
Jurisdiction heretofore ceded to the United States over any land within
this State by any previous acts of the legislature shall continue according
to the terms of the respective cessions. (1881, c. 20 4; 1909, c.
61; 1917, 2nd Ex. Sess., c. 5; Code 1923, c. 1, 4.)
4. [4] Execution of Process and Other Jurisdiction as to Land Acquired
by United States.--The States of West Virginia reserves the right to
execute process civil or criminal within the limits of any lot or parcel
of land heretofore or hereafter acquired by the United States as aforesaid,
and such other jurisdiction and authority over the same as is not inconsistent
with the jurisdiction ceded to the United States by virtue of such acquisition
(1881, c. 20 5; Code 1923, c. 1 5.)
WISCONSIN
Wisconsin Statutes, 1953, title 1, chapter 1, sections--
1.01. State sovereignty and jurisdiction.--The sovereignty and jurisdiction
of this state extend to all places within the boundaries thereof as declared
in the constitution, subject only to such rights of jurisdiction as have
been or shall be acquired by the United States over any places therein;
and it shall be the duty of the governor, and of all subordinate officers
of the state, to maintain and defend its sovereignty and jurisdiction.
Such sovereignty and jurisdiction are hereby asserted and exercised
over the St. Croix river from the eastern shore thereof to the center
or thread of the same, and the exclusive jurisdiction to obstruct the
navigation of said river east of the center or thread thereof, or to
enter upon the same and build piers, booms or other fixtures, or to occupy
any part of said river east of the center or thread thereof for the purpose
of sorting or holding logs, is denied; such acts can only be authorized
by the concurrent consent of the legislature of this state.
1.02. United States sites and buildings.--Subject to the conditions
mentioned in section 1.03 the legislature hereby consents to the acquisition
heretofore, effected and hereafter to be effected by he United States,
by gift, purchase or condemnation proceedings, of the title to places
or tracts of land within the state; and, subject to sid conditions,
223
the state hereby grants, cedes and confirms to the United States exclusive
jurisdiction over all such places and tracts. Such acquisitions are
limited to the following purposes:
(1) To sites for the erection of forts, magazines, arsenals, dockyards,
custom houses, courthouses, post offices, or other public buildings or
for any purpose whatsoever contemplated by the seventeenth clause of
section eight of article one of the constitution of the United States.
(2) To all land now or hereafter included within the boundaries of
Camp McCoy in townships 17, 18 and 19 north, ranges 2 and 3 west, near
Sparta, in Monroe county, to be used for military purposes as a target
and maneuvering range and such other purposes as the department of the
army may deem necessary and proper.
(3) To erect thereon dams, abutments, locks, lockkeepers' dwellings,
chutes, or other structures necessary or desirable in improving the navigation
of the rivers or other waters within and on the borders of this state.
(4) To the SW 1/4 of the NE 1/4 of section 6, township 19 north, range
2 west of the fourth principal meridian to be used for military purposes
as a target and maneuvering range and such other purposes as the department
of the army may deem necessary and proper.
HISTORY: 1953 c. 548, 549.
1.03 Concurrent jurisdiction over United States sites; conveyances.
The conditions mentioned in section 1.02 are the following conditions
precedent:
(1) That an application setting forth an exact description of the
place or tract so acquired shall be made by an authorized officer of
the United States to the governor, accompanied by a plat thereof, and
by proof that all conveyances and a copy of the record of all judicial
proceedings necessary to the acquisition of an unincumbered title by
the United States have been recorded in the office of the register of
deeds of each county in which such place or tract may be situated in
whole or in part.
(2) That the ceded jurisdiction shall not vest in the United States
until they shall have complied with all the requirements on their part
of sections 1.02 and 1.03, and shall continue so long only as the place
or tract shall remain the property of the United States.
(3) That the state shall forever retain concurrent jurisdiction over
every such place or tract to the extent that all legal and military process
issued under the authority of the state may be served anywhere thereon,
or in any building situate in whole or in part thereon.
1.04. United States sites exempt from taxation.--Upon full compliance
by the United States with the requirements of sections 1.02 and 1.03,
relating to the acquisition of any place or tract within the state
224
the governor shall execute in duplicate, under the great seal, a certificate
of such consent given and of such compliance with said sections, one
of which shall be delivered to such officer of the United States and
the other filed with the secretary of state. Such certificate shall
be sufficient evidence of such consent of the legislature and of such
compliance with the conditions specified. All such places and tracts
after such acquisition and while owned by the United States, shall be
and remain exempt from all taxation and assessment by authority of the
state.
1.05. United States sites for aids to navigation.--Whenever the United
States shall desire to acquire title to any land belonging to the state
and covered by the navigable waters of the United States, for sites for
lighthouses, beacons, or other aids to navigation, the governor may,
upon application therefor by any authorized officer of the United States,
setting forth an exact description of the place desired, and accompanied
by a plat thereof, grant and convey to the United States, by a deed executed
by him in the name of the state and under the great seal, all the title
of the state thereto; and such conveyance shall be evidence of the consent
of the legislature to such purchase upon the conditions specified in
section 1.03.
WYOMING
Wyoming Compiled Statutes, 1945, Annotated, chapter 24, article 8,
section--
24-801. Acquisition of lands by purchase or condemnation-Reservation
of mineral rights.--The United States shall be and is authorized to acquire
by purchase or condemnation or otherwise, any land in this State required
for public buildings, custom houses, arsenals, national cemeteries, or
other purposes essential to the National Defense in necessary use of
said land by armed naval, air or land forces, or land to be physically
occupied by the Boysen Dam, its reservoir, power plant and distribution
systems, or lands to be physically occupied by dams, reservoirs, power
plants and distribution systems in United States Reclamation Service
Projects, and the State of Wyoming hereby consents thereto, provided
that the mineral content of lands so acquired, if owners thereof so elect,
shall be reserved to such owners. [Laws 1897, ch. 17, 1; R.S. 1899,
2657; C.S. 1910, 697; C.S. 1920, 810; R.S. 1931, 118-101; Laws
1941, ch. 97, 1.]
24-802. Jurisdiction ceded to United States.--The jurisdiction of
the State of Wyoming in and over any land so acquired by the United States
shall be, and the same is hereby [ 24-801--24-804] ceded to the United
States, but the jurisdiction so ceded shall continue no longer than the
said United States shall own he said land. [Laws
225
1897, ch. 17, 2; R.S. 1899, 2658; C.S. 1910, 698; C.S. 1920,
811; R.S. 1931, 118-102.]
24-803. Jurisdiction retained by state in certain cases.--The said
consent is given and the said jurisdiction ceded upon the express condition
that the state of Wyoming shall retain concurrent jurisdiction with the
United States in and over the said land, so far as that all civil process,
in all cases, and such criminal and other process as may issue under
the laws or authority of the state of Wyoming against any person or persons
charged with crimes or misdemeanors committed within said state, may
be executed therein in the same way and manner as if such process may
affect the real or personal property of the United States. [Laws 1897,
ch. 17, 3; R.S. 1899, 2659; C.S. 1910, 699; C.S. 1920, 812; R.S.
1931, 118103.]
24-804. When jurisdiction vests.--The jurisdiction hereby ceded shall
not vest until the United States shall have acquired the title to the
said lands by purchase or condemnation or otherwise, and so long as the
said land shall remain the property of the United States when acquired
as aforesaid, and no longer, the same shall be and continue exonerated
from all taxes, assessments and other charges which may be levied or
imposed under the authority of this state. [Laws 1897, ch. 17, 4;
R.S. 1899, 2660; C.S. 1910, 700; C.S. 1920, R.S. 1931, 118-104.]
GENERAL STATUES GRANTING CONSENT OF STATES TO PURCHASE OF LANDS UNDER
THE MIGRATORY BIRD CONSERVATION ACT 1 (16 U.S.C. 715-715r)
Alabama.--The Code of Alabama, 1940, title 8, section 110.
Arkansas.--Arkansas Statutes, 1947, section 10-1111.
California.--Deering's California Codes, Fish and Game Code division
3, chapter 5, section 375-380.
Colorado.--Colorado Revised Statutes, 1953, chapter 142, article 1,
section 142-1-2.
Connecticut.--The General Statutes of Connecticut, Revision of 1949,
title LVII, chapter 360, section 7172.
1 Section 8 of the Migratory Bird Conservation Act (16 U.S.C. 715g)
expressly provides that the jurisdiction of the State over persons upon
migratory-bird reservations shall not be affected or changed; and section
12 of the Weeks Forestry Act, as amended (16 U.S.C. 480), states that
the State in which any national forest is situated shall not lose its
jurisdiction over such national forest, not the inhabitants thereof their
rights and privileges as citizens. In view of these provisions of Federal
law the United States does not exercise legislative jurisdiction over
the properties to which they pertain and holds them in proprietorial
interest status only, notwithstanding State consent to Federal acquisition
of such properties. The Committee feels that the mentioned State consent
statutes are of sufficient importance and are sufficiently related to
the subject of legislative jurisdiction that references to them should
be included in this Appendix.
226
Delaware.--Laws of the State of Delaware, 1931, title 2, chapter 3,
pages 18-19.
Georgia.--Code of Georgia, Annotated, 1933, section 15-304.
Idaho.--Idaho Code (Published by authority of Laws 1947, chapter 224),
chapter 26, section 36-2605.
Illinois.--Jones Illinois Statutes Annotated, chapter 126, sections
126.369-126.370.
Indiana.--Burns Indiana Statutes Annotated (1951 Replacement), title
11, chapter 9, section 11-909.
Iowa.--Code of Iowa, 1954, title 1, chapter 1, sections 1.9-1.10.
Kentucky.--Kentucky Revised Statutes, 1953, chapter 150, section 150.270.
Louisiana.--Louisiana Revised Statutes of 1950, title 52, chapter 1,
section 1.
Maine.--Revised Statutes of the State of Maine, 1954, chapter 36, section
31.
Maryland.--The Annotated Code of Maryland, Edition of 1951, article
96, section 31.
Michigan.--The Compiled Laws of the State of Michigan, 1948, section
3.321.
Minnesota.--Minnesota Statutes Annotated, part 1, chapter 1, section
1.041.
Mississippi.--Mississippi Code 1942, Annotated, title 23, chapter 2,
section 1.041.
Missouri.--Vernon's Annotated Missouri Statutes, title II, chapter
12, section 12.050.
Nebraska.--Revised Statutes of Nebraska, 1943, chapter 37, article
4, section 37-423.
Nevada.--Nevada Compiled Laws, Supplement 1943-49, sections 2898.022898.16.
New Hampshire.--New Hampshire Revised Statutes Annotated, 1955, title
IX, chapter 121, section 121: 1-21: 8.
New Jersey.--New Jersey Statutes Annotated, title 23, chapter 4, section
23: 4-56.
New Mexico.--New Mexico Statutes, 1953, Annotated, chapter 7, article
2, section 7-2-2.
New York.--McKinney's Consolidated Laws of New York, Annotated, Book
10, Conservation Law, article 4, section 367.
North Carolina.--The General Statutes of North Carolina (Recompiled
1950), chapter 104, article 1, section 104-10.
227
North Dakota.--North Dakota Revised Code of 1943, title 20, chapter
20-11, section 20-1113.
Ohio.--Baldwin's Ohio Revised Code, Annotated, 1953, section 159.03.
Oklahoma.--Oklahoma Statutes Annotated, title 29, section 603.
Oregon.--Oregon Revised Statutes, 1953, chapter 272, section 272.060.
Rhode Island.--Rhode Island General Laws of 1938 (Annotated), title
1, chapter 2, section 3.
South Carolina.--Code of Laws of South Carolina, 1952, title 39, chapter
2, article 1, section 39.51.
South Dakota.--South Dakota Code of 1939, title 25, chapter 25.02,
section 25.0202.
Tennessee.--Williams Tennessee Code, Annotated, 1934, title 12, chapter
3, article XV, section 5193.1-5193.2.
Texas.--Vernon's Annotated Revised Civil Statutes of the State of Texas
(Revision of 1925), title 67, article 4050a.
Vermont.--The Vermont Statutes, Revisions of 1947, title 30, chapter
279, section 6556.
Virginia.--Acts of the General Assembly of the State of Virginia, 1930,
chapter 272, approved March 24, 1930, page 697.
Washington.--Revised Code of Washington, 1951, title 37, chapter 37.08,
section 37.08.230.
West Virginia.--The West Virginia Code of 1955, chapter 1, article
1, section 3.
Wisconsin.--Wisconsin Statutes, 1953, title 1, chapter 1, section 1.036.
STATE STATUTES GIVING CONSENT OF STATES TO PURCHASE OF LANDS UNDER THE
WEEKS FORESTRY ACT OF MARCH 1, 1911 1 (36 STAT. 961), AS AMENDED
Alabama.--The Code of Alabama, 1940, title 59, section 2.
Arkansas.--Arkansas Statutes, 1947, sections 10-1105 and 10-1106.
California.--Deering's California Codes, Government Code, title I,
division 1, chapter 1, section 126.
Florida.--Florida Statutes Annotated, title II, chapter 6, sections
6.06-6.07.
Georgia.--Code of Georgia, Annotated, section 15-304.
Idaho.--Idaho Code (Published by Authority of Laws 1947, chapter 224),
title 58, chapter 7, section 58-706.
Illinois.--Jones Illinois Statutes Annotated, chapter 137, sections
137.19-137.20.
1 See footnote on p. 226.
228
Indiana.--Burns Indiana Statutes Annotated (1951 Replacement), title
62, chapter 10, sections 62-1019 and 62-1020.
Iowa.--Code of Iowa, 1954, title 1, chapter 1, sections 1.9-1.10.
Kentucky.--Kentucky Revised Statutes, 1953, chapter 3, section 3.080.
Louisiana.--Louisiana Revised Statutes of 1950, title 56, chapter 4,
section 1483.
Maine.--Revised Statutes of the State of Maine, 1954, chapter 36, sections
28-32.
Michigan.--The Compiled Laws of the State of Michigan, 1948, sections
3.401 and 3.402.
Minnesota.--Minnesota Statutes Annotated, sections, 1.041-1.043, 1.045
1.047.
Mississippi.--Mississippi Code 1942, Annotated, title 17, chapter 11,
sections 4156 and 4156A.
Missouri.--Vernon's Annotated Missouri Statutes, title 2, chapter 12,
sections 12.010 and 12.020.
Montana.--Revised Codes of Montana, 1947, Annotated, title 83, chapter
1, section 83-110.
Nevada.--Nevada Compiled Laws, Supplement 1931-1941, sections 28992299.02.
New Hampshire.--Laws of the State of New Hampshire, 1903, chapter 137,
approved January 20, 1903, page 147; New Hampshire Revised Statutes Annotated,
1955, title IX, chapter 121, sections 121:1-121:8.
New Mexico.--Laws of the State of New Mexico, 1937, chapter 158, approved
March 15, 1937, page 441.
North Carolina.--The General Statutes of North Carolina (Recompiled
1950), chapter 104, article 1, section 104-5.
North Dakota.--North Dakota Revised Code of 1943, title 54, chapter
54-01, sections 54-0115 and 54-0116.
Ohio.--Baldwin's Ohio Revised Code, Annotated, 1953, chapter 1503,
section 1503.32.
Oklahoma.--Oklahoma Statutes Annotated, title 80, sections 6-7.
Oregon.--Oregon Revised Statutes, 1953, chapter 272, sections 272.040,
272.050.
Pennsylvania.--Purdon's Pennsylvania Statutes Annotated, Title 32,
chapter 3, sections 101-4.
Rhode Island.--Rhode Island General Laws of 1938 (Annotated), title
I, chapter 2, section 4.
South Carolina Code of 1952, Annotated, title 39, chapter 2, article
5, sections 39-91 to 39-95.
229
South Dakota.--South Dakota code of 1939, title 55, chapter 55.01,
section 55.0103.
Tennessee.--Williams Tennessee Code, Annotated, 1934, title 12, chapter
3, article XVII, sections 5201.2-5201.8.
Texas.--General Laws of the State of Texas, 1933, Senate Concurrent
Resolution No. 73, filed in Department of State, May 26, 1933, page 1013.
Utah.--Utah Code Annotated 1953, title 65, chapter 6, section 65-6
1.
Vermont.--The Vermont Statutes, Revision of 1947, title 3, chapter
4, section 63-65.
Virginia.--Acts and Joint Resolutions passed by the General Assembly
of the State of Virginia, Extra Session of 1901, chapter 229, approved
February 15, 1901, page 247.
Washington.--Revised Code of Washington, 1951, title 37, chapter 3708,
section 3708220.
West Virginia.--Acts of the Legislature of West Virginia, 1909, chapter
61, approved February 27, 1909, page 494.
Wisconsin.--Wisconsin Statutes, 1953, title 1, chapter 1, section 1.055.
PART B. FEDERAL CONSTITUTIONAL PROVISIONS
AND STATUTES OF GENERAL EFFECT RELATING TO THE ACQUISITION AND EXERCISE
OF LEGISLATIVE JURISDICTION BY THE UNITED STATES
CONSTITUTION OF THE UNITED STATES
Article I, section 8, clause 17:
The Congress shall have Power * * *
* * *
To exercise exclusive Legislation in all Cases whatsoever, over such
District (not exceeding ten Miles square) as may, by Cession of particular
States, and the Acceptance of congress, become the Seat of the Government
of the United States, and to exercise like Authority over all Places
purchased by the Consent of the Legislature of the State in which the
same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards,
and other needful Buildings;
Article IV, section 3, clause 2:
* * *
The Congress shall have Power to dispose of and make all needful Rules
and Regulations respecting the Territory or other Property belonging
to the United States; * * *.
STATUTES RELATING TO THE ACQUISITION OF LEGISLATIVE
JURISDICTION BY THE UNITED STATES
Portion of the act of July 30, 1947, United States Code, 1952 Edition,
title 4, section--
103. Assent to purchase of lands for forts.--The President of the
United States is authorized to procure the assent of the legislature
of any State, within which any purchase of land has been made for the
erection of forts, magazines, arsenals, dockyards, and other needful
buildings, without such consent having been obtained (July 30, 1947,
ch. 389, 1, Stat. 641).
287. Jurisdiction of United States.--From the time any State legislature
shall give the consent of such State to the purchase by the
(231)
232
United States of any national cemetery, the jurisdiction and power of
legislation of the United States over such cemetery shall in all courts
and places be held to be same as is general by section 8, Article I,
of the Constitution of the United States; and all provisions relating
to national cemeteries shall be applicable to the same. (R.S. 4882.)
DERIVATION: Act July 1, 1870, ch. 200, 1, 16 Stat. 188.
Portion of the Act of March 3, 1821, United States Code, 1952 Edition,
Title 33, Section--
727. Lighthouse and other sites; necessity for cession by State
of jurisdiction.--No lighthouse, beacon, public piers, or landmark, shall
be built or erected on any site until cession of jurisdiction over the
same has been made to the United States. (R.S. 4661.)
DERIVATION: Act Mar. 3, 1821, ch. 52, 3, 3 Stat. 644.
Act of March 2, 1795, United States Code, 1952 Edition, Title 33, Section
-
728. Sufficiency of cession by State; service of State process in
lands ceded.--A cession by a State of jurisdiction over a place selected
and the site of a lighthouse, or other structure or work, shall be deemed
sufficient within section 727 of this title, notwithstanding it contains
a reservation that process issued under authority of such State may continue
to be served within such place. And notwithstanding any such cession
of jurisdiction contains no such reservation, all process may be served
and executed within the place ceded, in the same manner as if no cession
had been made (R.S. 4662).
DERIVATION: Act Mar. 2, 1795, ch. 40, 1, 2, 1 Stat. 426.
Portion of the act of September 11, 1841, which became section 355
of the Revised Statutes of the United States (33 U.S.C. 733, 34 U.S.C.
520, 40 U.S.C. 255, 50 U.S.C. 175 (1934 Edition)), as codified prior
to amendment of February 1, 1940--
No public money shall be expended upon any site or land purchased by
the United States for the purposes of erecting thereon any armory, arsenal,
fort, fortification, navy yard, customhouse, lighthouse, or other public
building of any kind whatever, until the written opinion of the Attorney
General shall be had in favor of the validity of the title, nor until
the consent of the legislature of the State in which the land or site
may be, to such purchase, has been given.
Portions of section 355 of the Revised Statutes of the United States,
as amended (Code, 1952 Edition)--
233
No public money shall be expended upon any site or land purchased by
the United States for the purposes of erecting thereon any armory, arsenal,
fort, fortification, navy yard, customhouse, lighthouse, or other public
building of any kind whatever, until the written opinion of the Attorney
General shall be had in favor of the validity of the title.
* * *
Notwithstanding any other provision of law, the obtaining of exclusive
jurisdiction in the United States over lands or interests therein which
have been or shall hereafter be acquired by it shall not be required
but the head or other authorized officer of any department or independent
establishment or agency of the Government may, in such cases and at such
times as he may deem desirable, accept or secure form the State in which
any lands or interests therein under his immediate jurisdiction, custody,
or control are situated, consent to or cession of such jurisdiction,
exclusive or partial not theretofore obtained over any such lands or
interests as he may deem desirable and indicate acceptance of such jurisdiction
on behalf of the United States by filing a notice of such acceptance
with the Governor of such State or in such other manner as may be prescribed
by the laws of the State where such lands are situated. Unless and until
the United States has accepted jurisdiction over lands hereafter to be
acquired as aforesaid, it shall be conclusively presumed that no such
jurisdiction has been accepted. (R.S. 355; June 28, 1930, ch. 710,
46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793,
54 Stat. 1083, July 26, 1947, ch. 343, title II, 205 (a), 61 Stat.
501.)
STATUTES PRESERVING JURISDICTION OF STATES OVER CERTAIN
FEDERAL AREAS AND CIVIL AND POLITICAL RIGHTS OF
INHABITANTS THEREOF
Portion of the act of August 21, 1935, United States Code, 1952 Edition,
title 16--
By this act, the Secretary of the Interior, through the National Park
Service, is authorized to preserve for public use historic sites, buildings
and objects of national significance for the inspiration and benefit
of the people of the United States, and is empowered, for the purposes
of the act, to acquire in the name of the United States real or personal
property. Section 5, which relates to the jurisdiction of States in
lands acquired, is set out in the Code as follows:
456. Jurisdiction of States in lands acquired.--Nothing in sections
461-467 of this title shall be held to deprive any state, or political
subdivision thereof, of its civil and criminal jurisdiction in and over
234
lands acquired by the United States under said sections. (Aug. 21, 1935,
ch. 593, 5, 49 Stat. 668.)
Portions of the "Weeks Forestry Act" of March 1, 1911, as amended,
United States Code, 1952 Edition, title 16, sections--
480. Civil and criminal jurisdiction.--The jurisdiction, both civil
and criminal, over persons within national forests shall not be affected
or changed by reason of their existence, except so far as the punishment
of offenses against the United States therein is concerned; the intent
and meaning of this provision being that the State wherein any such national
forest is situated shall not, by reason of the establishment thereof,
lose its jurisdiction, nor the inhabitants thereof their rights and privileges
as citizens, or be absolved from their duties as citizens of the State.
(June 4, 1897, ch. 2, 1, 30 Stat. 36; Mar. 1, 1911, ch. 186, 12,
36 Stat. 963.)
516. Purchase of lands approved by commission; consent of State;
exchange of lands; cutting and removing timber.--The Secretary of Agriculture
is authorized to purchase, in the name of the United States, such lands
as have been approved for purchase by the National Forest Reservation
Commission at the price or prices fixed by said commission. No deed
or other instrument of conveyance shall be accepted or approved by the
Secretary of Agriculture under this section until the legislature of
the State in which the land lies shall have consented to the acquisition
of such land by the United States for the purpose of preserving the navigability
of navigable streams. * * *
Portions of the "Migratory Bird Conservation Commission was created
to pass upon areas of land, water or land and water recommended by the
Secretary of the Interior for purchase or rental as wildlife refuges.
The Secretary was authorized to purchase or rent such areas as have
been approved by the Commission. Sections 7 and 8 of the Acts are set
out in the Code as follows:
715f. Same; consent of State to conveyance.--No deed or instrument
of conveyance shall be accepted by the Secretary of the Interior under
sections 715-715d, 715e, 715f--715k, and 715l--715r of this title unless
the State in which the area lies shall have consented by law to the acquisition
by the United States of lands in that State. (Feb. 18, 1929, 4 F.R.
2731, 53 Stat. 1432.)
715g. Jurisdiction of State over areas acquired.--The jurisdiction
of the State, both civil and criminal, over persons upon areas acquired
under sections 715--715d, 715e, 715f--715k, and 715l--715r of this title
235
shall not be affected or changed by reason of their acquisition and administrati
on by the United States as migratory-bird reservations, except so far
as the punishment of offenses against the United States is concerned.
(Feb. 18, 1929, ch. 257, 45 Stat. 1224.)
Portion of the Federal Power Act, United States Code, 1952 Edition,
title 16--
The Federal Power Commission, which was created and established by
the Act, was authorized, among other things, to make investigations and
to collect and record data concerning the utilization of the water resources
of any region to be developed and to issue licenses for the development,
transmission, and utilization of power across, along, from or in any
of the streams or other bodies of water over which Congress has jurisdiction
to regulate commerce. In the Code, section 27 appears as follows:
821. State laws and water rights unaffected.--Nothing contained in
this chapter shall be construed as affecting or intending to affect or
in any way to interfere with the laws of the respective States relating
to the control, appropriation, use, or distribution of water used in
irrigation or for municipal or other uses, or any vested right acquired
therein. (June 10, 1920, ch. 285, 27, 41 Stat. 1077.)
421. Jurisdiction of State or political subdivision; civil rights
under local law preserved.--The acquisition by the United States of any
real property in connection with any low-coat housing, or slumclearance
project constructed with funds allotted to the Administrator of General
Services pursuant to any law shall not be held to deprive any State or
political subdivision thereof of its civil and criminal jurisdiction
in and over such property, or to impair the civil rights under the local
law of the tenants or inhabitants on such property; and insofar as any
such jurisdiction has been taken away from any such State or subdivision,
or any such rights have been impaired, jurisdiction over any such property
is ceded back to such State or subdivision. (June 29, 1936, ch. 860,
1, 49 Stat. 2025; 1939 Reorg. Plan No. 1, 301, 305, eff. July 1,
1939, 4 F.R. 2729, 53 Stat. 1426, 1427; 1943 Ex. Ord. No. 9357, June
30, 1943, 8 F.R. 9041; June 30, 1949, ch. 288, title I, 103, 63 Stat.
380.)
Portion of the United States Housing Act of 1937, as amended, United
States Code, 1952 Edition, title 42--
The Public Housing Administration was authorized to make loans to public
housing agencies to assist the development, acquisition, or administration
of low-rent-housing or slum-clearance projects by such agencies. The
Administration may foreclose on any property
236
and may purchase at foreclosure or acquire any project which it previously
owned or in connection with which it made a loan. Section 13 (b) of
the Act relating to State civil and criminal jurisdiction appears in
the Code as Section 1413 (b) and reads as follow:
(b) Civil and criminal jurisdiction of States.--The acquisition by
the Administration of any real property pursuant to this chapter shall
not deprive any State or political subdivision thereof of its civil and
criminal jurisdiction in and over such property or impair the civil rights
under the State or local law of the inhabitants on such property; and,
insofar as any such jurisdiction may have been taken away or any such
rights impaired by reason of the acquisition of any property transferred
to the Administration pursuant to section 1404 (d) of this title, such
jurisdiction and such rights are fully restored.
Portions of the act of October 14, 1940, as amended, United States
Code, 1952 Edition, title 42, sections--
1521. Housing and House Finance Administrator's powers respecting
defense housing.--In order to provide housing for persons engaged in
national-defense activities, and their families, and living quarters
for single persons so engaged, in those areas or localities in which
the President shall find that an acute shortage of housing exists or
impends which would impede national-defense activities and that such
housing would to be provided by private capital when needed, the Housing
and Home Finance Administrator (hereinafter referred to as the "Administrator")
is authorized:
(a) To acquire prior to the approval of title by the Attorney General
(without regard to section 1339 of title 10 and section 5 of title 41),
improved or unimproved lands or interests in lands by purchase, donation,
exchange, lease (without regard to sections 40a and 34 of title 40, or
any time limit on the availability of funds for the payment of rent),
or condemnation (including proceedings under sections 257, 258, 361-
386, and 258a--258e of title 40).
* * *
1547. Preservation of local civil and criminal jurisdiction and
civil rights.--Notwithstanding any other provision of law, the acquisition
by the Administrator of any real property pursuant to subchapters II
VII of this chapter shall not deprive any State or political subdivision
thereof, including any Territory or possession of the United States,
of its civil and criminal jurisdiction in and over such property, or
impair the civil rights under the State or local law of the inhabitants
on such property. As used in this section the term "State" shall include
the District of Columbia. (Oct. 14, 1940, ch. 862, title III, 10,
54 Stat. 1128; renumbered 307
237
and amended June 28, 1941, ch. 260, 4 (b), 55 Stat. 363; 1942 Ex. Ord.
No. 9070, 1, Feb. 24, 1942, 7 F.R. 1529; Apr. 10, 1942, ch. 239,
3 (b), 56 Stat. 212; 1947 Reorg. Plan. NO. 3, eff. July 27, 1947, 12
F.R. 4981, 61 Stat. 954; June 30, 1949, ch. 288, title I, 103, 63 Stat.
380; Apr. 20, 1950, ch. 94, title II, 204, 64 Stat. 73.)
Portions of the Defense Housing and Community Facilities and Service
Act of 1951--1591c of this title, and of this subchapter, the Housing
and Home Finance Administrator (hereinafter referred to as the "Administrator")
is authorized to provide housing in any areas (subject to the provisions
of section 1591 of this title) needed for defense workers or military
personnel or to extend assistance for the provision of, or to provide
community facilities or services required in connection with national
defense activities in any area which the President, pursuant to the authority
contained in said section, has determined to be a critical defense housing
area. (Sept. 1, 1951, ch. 378, title III, 301, 65 Stat. 303.)
159f. Preservation of local civil and criminal jurisdiction, and
civil rights; jurisdiction of State courts.--Notwithstanding any other
provisions of law, the acquisition by the United States of any real property
pursuant to this subchapter or subchapter X of this chapter shall not
deprive any State or political subdivision thereof of its civil or criminal
jurisdiction in and over such property, or impair the civil or other
rights under the Stat or local law of the inhabitants of such property.
Any proceedings by the United States for the recovery of possession
of any property or project acquired, developed, or constructed under
this subchapter or subchapter X of this chapter may be brought in the
courts of the States having jurisdiction of such causes. (Sept. 1, 1951,
ch. 378, title III, 65 Stat. 307.)
Portions of the Reclamation Law, United States Code, 1952 Edition,
title 43--
This act provides for the irrigation of, and related benefits to, lands
in the 17 Western States by the Federal Government. Section 383 of the
Code which states that the law shall not be construed as affecting or
interfering with State laws relating to water is set out as follows:
383. Vested rights and State laws unaffected by certain sections.
Nothing in sections 372, 373, 381, 383, 391, 392, 411, 416, 419, 421,
431, 432, 434, 439, 461, 491 and 496 of this title shall be construed
as affecting or intended to affect or in any way interfere with the laws
of any
238
State or Territory relating to the control, appropriation, use, or distribution
of water used in irrigation or any vested right acquired thereunder,
and the secretary of the Interior, in carrying out the provisions of
such sections, shall proceed in conformity with such laws, and nothing
in such sections shall in any way affect any right of any State or of
the Federal Government or of any landowner, appropriator, or user of
water in, to, or from any interstate stream or the waters thereof. (June
17, 1902, ch. 1093, 8, 32 Stat. 390.)
Sections 455-455c provide that the lands of homestead and desert land
entrymen may be taxed by the States or political subdivisions in which
they are located, and that such taxes shall be a lien upon the lands,
but that if the lands of such entrymen revert to the United States all
liens shall be extinguished.
STATUTES EXTENDING CERTAIN STATE LEGISLATION TO FEDERAL
AREAS
Lea Act (Portion of act of July 30, 1947), United States Code, 1952
Edition, title 4, section--
104. Tax on motor fuel sold on military or other reservation, reports
to State taxing authority.--(a) All taxes levied by any State, Territory,
or the District of Columbia upon, with respect to, or measured by, sales,
purchases, storage, or use of gasoline or other motor vehicle fuels may
be levied, in the same manner and to the same extent, with respect to
such fuels when sold by or through post exchanges, ship stores, ship
service stores, commissaries, filling stations, licensed traders, and
other similar agencies, located on United States military or other reservations,
when such fuels are not for the exclusive use of the United States.
Such taxes, so levied shall be paid to the proper taxing authorities
of the States, Territory, or the District of Columbia, within whose borders
the reservation affected may be located.
(b) The officer in charge of such reservation shall, on or before
the fifteenth day of each month, submit a written statement to the proper
taxing authorities of the State, Territory, or the District of Columbia
within whose borders the reservation is located, showing the amount of
such motor fuel with respect to which taxes are payable under subsection
(a) for the preceding month. (July 30, 1947, ch. 389, 1, 61 Stat.
641.)
Buck Act (Portions of act of July 30, 1947), United States Code, 1952
Edition, title 4, sections--
105. State, and so forth, taxation affecting Federal areas; sales
or use tax.--(a) No person shall be relieved from liability for payment
of, collection of, or accounting for any sales or use tax levied by any
239
State, or by any duty constituted taxing authority therein, having jurisdiction
to levy such a tax, on the ground that the sale or use, with respect
to which such tax is levied, occurred in whole or in part within a Federal
area; and such State or taxing authority shall have full jurisdiction
and power to levy and collect any such tax in any such tax in any Federal
area within such State to the same extent and with the same effect as
though such area was not a Federal area.
(b) The provisions of subsection (a) shall be applicable only with
respect to sales or purchases made, receipts from sales received, or
storage or use occurring, after December 31, 1940, 1947, ch. 389, 1,
61 Stat. 641.)
106. Same; income tax.--(a) No person shall be relieved from liability
for any income tax levied by any State, or by any duly constituted taxing
authority therein, having jurisdiction to levy such a tax, by reason
of his residing within a Federal area or receiving income from transactions
occurring or services performed in such area; and such State or taxing
authority shall have full jurisdiction and power to levy and collect
such tax in any Federal area within such State to the same extent and
with the same effect as though such area was not a Federal area.
(b) The provisions of subsection (a) shall be applicable only with
respect to income or receipts received after December 31, 1940. (July
30, 1947, ch. 389, 1, 61 Stat. 641.)
107. Same; exception of United States, its instrumentalities, and
authorized purchases therefrom.--(a) The provisions of sections 105 and
106 of this title shall not be deemed to authorize the levy or collection
of any tax on or from the United States or any instrumentality thereof,
or the levy or collection of any tax with respect to sale, purchase,
storage, or use of tangible personal property sold by the United States
or any instrumentality thereof to any authorized purchaser.
(b) A person shall be deemed to be an authoried purchaser under this
section only with respect to purchases which he is permitted to make
from commissaries, ship's stores, or voluntary unincorporated organizations
of Army or Navy personnel, under regulations promulgated by the Secretary
of War or the Secretary of the Navy. (July 30, 1947, ch. 389, 1, 61
Stat. 641.)
108. Same; jurisdiction of United States over Federal areas unaffected.
-The provisions of sections 105-110 of this title shall not for the purposes
of any other provision of law be deemed to deprive the United States
of exclusive jurisdiction over any Federal area over which it would otherwise
have exclusive jurisdiction or to limit the jurisdiction of the United
States over an Federal area. (July 30, 1947, ch. 389, 61 Stat. 641.)
240
109. Same; exception of Indians.--Nothing in section 105 and 106
of this title shall be deemed to authorize the levy or collection of
any tax on or from any Indian not otherwise taxed. (July 30, 1947, ch.
384, 1, 61 Stat. 641.)
110. Same; definitions.--As used in sections 105-109 of this title
(a) The term "person" shall have the meaning assigned to it in section
3797 of title 26.
(b) The term "sales or use tax" means any tax levied on, with respect
to, or measured by, sales, receipts from sales, purchases, storage, or
use of tangible personal property, except a tax with respect to which
the provisions of section 104 of this title are applicable.
(c) The term "income tax" means any tax levied on, with respect to,
or measured by, net income, gross income, or gross receipts.
(d) The term "State" includes any territory or possession of the United
States.
(e) The term "Federal area" means any lands or premises held or acquired
by or for the use of the United States or any department, establishment,
or agency, of the United States; and any Federal area, or any part thereof,
which is located within the exterior boundaries of any State, shall be
deemed to be a Federal area located within such State. (July 30, 1947,
ch. 389, 1, 61 Stat. 641.)
Portion of the Public Salary Tax Act of 1939, United States Code, 1952
Edition, Title 5, Section--
84a. Consent of United States to taxation of compensation of officers
and employees of United States, Territories, etc.--The United States
consents to the taxation of compensation, received after December 31,
1938, for personal service as an officer or employee of the United States,
any Territory or possession or political subdivision thereof, the District
of Columbia, or any agency or instrumentality of any one or more of the
foregoing, by any duly constituted taxing authority having jurisdiction
to tax such compensation, if such taxation does not discriminate against
such officer or employee because of the source of such compensation.
(Apr. 12, 1939, ch. 59, Title I, 4, 53 Stat. 575.)
Act of July 17, 1952, United States Code, 1952 Edition, title 5--
84b. Withholding State income taxes of Federal employees by Federal
agencies.--Where--
(1) the law of any State or Territory provides for the collection
of a tax by imposing upon employers generally the duty of withholding
sums from the compensation of employees and making returns of such sums
to the authorities of such State or Territory, and
(2) such duty to withhold is imposed generally with respect
241
to the compensation of employees who are residents of such State
or Territory.
them the secretary of the Treasury, pursuant to regulations promulgated
by the President, is authorized and directed to enter into an agreement
with such State or Territory hundred and twenty days of the request for
agreement from the proper official of such State or Territory. Such
agreement shall provide that the head of each department or agency of
the United States shall comply with the requirements of such law in the
case of employees of such agency or department who are subject to such
tax and whose regular place of Federal employment is within the State
or Territory with which such agreement is entered into. No such agreement
shall apply with respect to compensation for service as a member of the
Armed Forces of the United States. (July 17, 1952, ch. 940, 1, 66 Stat.
765.)
13.58. Local jurisdiction over immigrant stations.--The officers
in charge of the various immigrant stations shall admit therein the proper
State and local officers charged with the enforcement of the laws of
the State and local officers charged with the enforcement of the laws
of the State or Territory of the United States in which any such immigrant
station is located in order that such State and local officers may preserve
the peace and make arrests for crimes under the laws of the State and
Territories. For the purpose of its section the jurisdiction of such
State and local officers and of the State and local courts shall extend
over such immigrant stations. (June 27, 1952, ch. 477, title II, ch.
9, 288, 66 Stat. 234.)
Portions of the act of August 5, 1947, United States Code, 1952 Edition,
title 10--
1270. Lease of real or personal property; period of lease;; terms
and conditions; revocation; disposition of receipts; report to Congress.
-Whenever the Secretary of the Army shall deem it to be advantageous
to the Government he is authorized to lease such real or personal property
under the control of his Department as is not surplus to the needs of
the Department within the meaning of the Act of October 3, 1944 (58 Stat.
765), and is not for the time required for public use, to such lessee
or lessees and upon such terms and conditions as in his judgment will
promote the national defense or will be in the public interest * * *
CODIFICATION: Similar provisions relating to the Air Force and Navy are
set out as section 626s-3 of title 5, Executive Departments and Government
Officers and Employees and section 522a of title 34, Navy, respectively.
242
127d. Same; State or local taxation; renegotiation of leases.--The
lessee's interest made or created pursuant to the provisions of sections
1270-1270b, and 127d of this title, shall be made subject to State or
local taxation. Any lease of property authorized under the provisions
of said sections shall contain a provision that if and to the extent
that such property is made taxable by State and local governments by
act of Congress, in such event the terms of such lease shall be renegotiated.
(Aug. 5, ch. 493, 6, 61 Stat. 775.)
CODIFICATION: Similar provisions relating to the Air Force and the Navy
are set out as section 626s-6 of title 5, Executive Departments and Government
Officers and Employees and section 522e of title 34, Navy.
Act of February 1, 1928, United States Code, 1952 Edition, title 16
-
457. Action for death or personal injury within national park or
other place under jurisdiction of United States; application of State
laws.--In the case of the death of any person by the neglect or wrongful
act of another within a national park or other place subject to the exclusive
jurisdiction of the United States, within the exterior boundaries of
any State, such right of action shall exist as though the place were
under the jurisdiction of the state within whose exterior boundaries
such place may be; and in any action brought to recover on account of
injuries sustained in any such place the rights of the parties shall
be governed by the laws of the State within the exterior boundaries of
which it may be. (Feb. 1, 1928, ch. 15, 45 Stat. 54.)
Portions of the act of June 25, 1948, as amended, United States Code,
1952 Edition, title 18--
7. Special maritime and territorial jurisdiction of the United States
defined.--The term "special maritime and territorial jurisdiction of
the United States", as sued in this title, includes:
* * *
(3) Any lands reserved or acquired for the use of the United States,
and under the exclusive or concurrent jurisdiction thereof; or any place
purchased or otherwise acquired by the United States by consent of the
legislature of the State in which the same shall be, for the erection
of a fort, magazine, arsenal, dockyard, or other needful building.
13. Laws of States adopted for areas within Federal jurisdiction.
Whoever within or upon any of the places now existing or hereafter reserved
or acquired as provided in section 7 of this title, is guilty of any
act or omission which, although not made punishable by any enactment
of Congress, would be punishable if committed or
243
omitted within the jurisdiction of the State, Territory, Possession,
or district in which such place is situated, by the laws thereof in force
at the time of such act or omission, shall be guilty of a like offense
and subject to a like punishment. (June 25, 1948, ch. 645, 1, 62 Stat.
686.)
(Assimilative Crimes Act.)
Portion of Internal Revenue Code, United States Code, 1952 Edition,
title 26, section 1606, subsection--
(b) The legislature of any State may require any instrumentality of
the United States (except such as are (A) wholly owned by the United
States, or (B) exempt from the tax imposed by section 1600 by virtue
of any other provision of law), and the individuals in its employ, to
make contributions to an unemployment fund under a State unemployment
compensation law approved by the Secretary of Labor under section 1603
and (except as provided in section 5240 of the Revised Statutes, as amended,
and as modified by subsection (c) of this section) to comply otherwise
with such law. The permission granted in this subsection shall apply
(1) only to the extent that no discrimination is made against such instrumentali
ty, so that if the rate of contribution is uniform upon all other persons
subject to such law on account of having individuals in their employ,
and upon all employees of such persons, respectively, the contributions
required of such instrumentality or the individuals in their employ or
for different classes of employees, the determination shall be based
solely upon unemployment experience and other factors bearing a direct
relation to unemployment risk, and (2) only if such State law makes provision
for the refund of any contributions required under such law from an instrumental
ity of the United States or its employees for any year in the event said
State is not certified by the secretary of Labor under section 1603 with
respect to such year.
* * *
(d) No person shall be relieved from compliance with a State unemployment
compensation law on the ground that services were performed on land or
premises owned, held, or possessed by the United States, and any State
shall have full jurisdiction and power to enforce the provisions of such
law to the same extent and with the same effect as though such place
were not owned, held, or possessed by the United States.
244
Act of June 25, 1936, United States Code, 1952 Edition, title 40--
290. State workmen's compensation laws; extension to buildings and
works of United States.--Whatsoever constituted authority of each of
the several States is charged with the enforcement of and requiring compliances
with the State workmen's compensation laws of said States and with the
enforcement of and requiring compliance with the orders, decisions, and
awards of said constituted authority of said States shall have the power
and authority to apply such laws to all lands and premises owned or held
by the United States of America by deed or act of cession, by purchase
or otherwise, which is within the exterior boundaries of any State and
to all projects, buildings, constructions, improvements, and property
belonging to the United States of America, which is within the exterior
boundaries of any State, in the same way and to the same extent as if
said premises were under the exclusive jurisdiction of the State within
whose exterior boundaries such place may be.
For the purposes set out in this section, the United States of America
vests in the several States within whose exterior boundaries such place
may be, insofar as the enforcement of State workmen's compensation laws
are affected, the right, power, and authority aforesaid: Provided, however,
That by the passage of this section the United States of America in nowise
relinquishes its jurisdiction for any purpose over the property named,
with the exception of extending to the several States within whose exterior
boundaries such place may be only the powers above enumerated relating
to the enforcement of their State workmen's compensation laws as herein
designated: Provided further, That nothing in this section shall be
construed to modify or amend the United States Employees' Compensation
Act, as amended. (June 25, 1936, ch. 822, 1, 2, 49 Stat. 1938, 1939.)
Portions of the act of October 14, 1940, as amended, United States
Code, 1952 Edition, title 42--
1521. Housing and Home Finance Administrator's powers respecting
defense housing.--In order to provide housing for persons engaged in
national-defense activities, and their families, and living quarters
for single persons so engaged, in those areas or localities in which
the President shall find that an acute shortage of housing exists or
impends which would impede national-defense activities and that such
housing would not be provided by private capital when needed, the Housing
and Home Finance Administrator (hereinafter referred to as the "Administrator")
is authorized:
245
(a) To acquire prior to the approval of title by the Attorney General
(without regard to section 1339 of title 10 and section 5 of title 41),
improved or unimproved lands or interests in lands by purchase, donation,
exchange, lease (without regard to sections 40a and 34 of title 40, or
any time limit on the availability of funds for the payment of rent),
or condemnation (including proceedings under sections 257, 258, 261-386,
and 258e of title 40).
* * *
1547. Preservation of local civil and criminal jurisdiction and civil
rights.--Notwithstanding any other provision of law, the acquisition
by the Administrator of any real property pursuant to subchapters II
VII of this chapter shall not deprive any State or political subdivision
thereof, including any Territory or possession of the United States,
of its civil and criminal jurisdiction in and over such property, or
impair the civil rights under the State or local law of the inhabitants
on such property. As used in this section the term "State" shall include
the District of Columbia. (Oct. 14, 1940, ch. 862, title III, 10,
54 Stat. 1128; renumbered 307 and amended June 28, 1941, ch. 260,
4 (b), 55 Stat. 363; 1942 Ex. Ord. No. 9070, 1, Feb. 24, 1942, 7 F.R.
1529; Apr. 10, 1942, ch. 239, 3 (b), 56 Stat. 212; 1947 Reorg. Plan
No. 3, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954; June 30, 1949,
ch. 288, title I, 103, 63 Stat. 380; Apr. 20. 1950, ch. 94, title II,
204, 64 Stat. 73.)
Portions of the defense Housing and Community Facilities and Services
Act of 1951, United States Code, 1952 Edition, title 42--
1592. Authority of Administrator.--Subject to the provisions and
limitations of sections 1591--1591c of this title, and of this subchapter,
the Housing and Home Finance Administrator (hereinafter referred to as
the "Administrator") is authorized to provide housing in any areas (subject
to the provisions of section 1591 of this title) needed for defense workers
or military personnel or to extend assistance for the provision of, or
to provide community facilities or services required in connection with
national defense activities in any area which the President, pursuant
to the authority contained in said section, has determined to be a critical
defense housing area. (Sept. 1, 1951, ch. 373, title III, 301, 65
Stat. 303.)
1592d. Administrator's power with respect to housing facilities,
and servi | | |
