APPENDIX B
PART A. STATE CONSTITUTIONAL PROVISIONS AND STATUTES OF GENERAL EFFECT RELATING TO THE ACQUISITION OF LEGISLATIVE JURISDICTION BY THE UNITED STATES
ALABAMA
The Code of Alabama (adopted by act of the Legislature of
Alabama, approved July 2, 1940) title 59, sections--
Sec. 1. (3147) (626) (19) (19) (22) (24) The United States may
acquire lands.--The United States may acquire and hold lands within the limits of this state, for forts, magazines, arsenals, dockyards, and other needful buildings, or either of them, as contemplated and provided by the constitution of the United States, which purchase may be made by contract with the owners, or as hereinafter provided. In like manner the United States may acquire and hold lands, rights of way, and material needed in maintaining, operating, or prosecuting works for the improvement of rivers and harbors within this state.
Sec.3. (3162) (2428) (629) (22) (22) Cession of sites covered by
navigable waters.--Whenever the United States desires to acquire title to land belonging to land belonging to this state, and covered by the navigable water of the United States, and within the limits of this state, for the site of a lighthouse, beacon, or other aid to navigation, and applications made therefor by a duly authorized agent of the United States, describing the site required for one of the purpose aforesaid, then the governor of the state may convey the title to the United States, and may also cede to the United States such jurisdiction over the same as may be necessary for the purposes of the United States; and upon like application the governor may convey to the United States the title to any land belonging to this state and covered by the navigable waters of the United States upon which any lighthouse or other aid to navigation has heretofore been erected, and may also cede to the United States such jurisdiction over the same as may be necessary for the purpose of the United States; but no single tract shall contain more than ten acres.
Sec. 18 (3161) (628) (21) (21) (24) (23) Governor to cede
jurisdiction; restriction.--The governor, upon application made to
(127)
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him in writing on behalf of the United States for that purpose, accompanied by the proper evidence of title in the United States, describing the lands, is authorized on the part of the state by patent to be recorded in the office of the secretary of state to cede to the United States such jurisdiction as he may deem wise over such lands, to hold, to use, and occupy the same for the purpose of the cession, and none other.
Sec. 19. (3166) Jurisdiction of United States over ceded lands.--
The jurisdiction heretofore ceded to the United States over any lands acquired by it within the State of Alabama, with the consent of the state, shall be subject to such reservations, restrictions, and conditions as provided in the act or instrument of cession relating to such acquisition; and shall be subject to the exercise by the state of such jurisdiction, rights, privileges, or power as may now or hereafter be ceded by the United States to the state. The jurisdiction ceded to the United States over any lands hereafter acquired by it within the state of alabama, with the consent of the state, pursuant to the provisions of this title or any other law of the state, unless otherwise expressly provided in the act or any other law of the state, unless otherwise expressly provided in the act or instrument of cession, shall be subject to the following reservations, or conditions. The jurisdiction so ceded shall not prevent the execution upon such lands of any process, civil or criminal, issued under the authority of this state, except as such process might affect the property of the United States thereon. The state expressly reserves the right to tax all persons, firms, corporations, or associations now or hereafter residing or located upon such lands. The state expressly reserves the right to tax the exercise by any person, firm, corporation, or association situated upon such lands. The jurisdiction ceded to the United States shall be for the purposes of the cession, and none other; and shall continue during the time the United States shall be or remain the owner thereof and shall use such lands for the purpose of the cession. The state expressly reserves the right to exercise over or upon any such lands any and all rights, privileges, powers, or jurisdiction which may now or hereafter be released or receded by the United States to the state.
ARIZONA
The act of March 27, 1951, codified as sections 11-603, and 11-
604 of the 1952 Cumulative Supplement to the Arizona Code Annotated, 1939:
(House Bill No. 264)
An act Granting the consent of the State of Arizona to the acquisition
by the United States of land in this for public purposes, and ceding
jurisdiction over such land and over land reserved from the public
domain in this State for military purposes
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Be it enacted by the Legislature of the State of Arizona:
SECTION 1. The consent of the State of Arizona is hereby given,
in accordance with the seventeenth clause, eighth section of the first article of the Constitution of the United States, to the acquisition by the United States required for the erection of forts, magazines, arsenals, dockyards, and other needful buildings, or for any other military installations of the government of the United States.
SEC. 2 Exclusive jurisdiction over any land in this State so
acquired for any of the purposes aforesaid, and over any public domain land in this state, now or in the future reserved or used for military purposes, is hereby ceded to the United States; but the jurisdiction so ceded shall continue no longer than the said United States shall own or lease such acquired land, or shall continue to reserve or use such public domain land for military purposes.
SEC. 3. As to any land over which exclusive jurisdiction is
herein ceded, the State of Arizona retains concurrent jurisdiction with the United States, so far, that all process, civil or criminal, issuing under the authority of this State or any of the courts or judicial officers thereof, may be executed by the proper officers of the state, upon any person amenable to the same within the limits of such land, in like manner and like effect as if no such cession had taken place.
SEC. 4. All laws and parts of law in conflict with any of the
provisions hereof are hereby repealed.
SEC. 5. EMERGENCY. To preserve the public peace, health, and
safety, it is necessary that this Act become immediately operative. It
is therefore declared to be an emergency measure, to take effect as
provided by law.
Approved by the GOVERNOR--March 27, 1951.
Filed in the Office of the Secretary of State--March 27. 1951.
ARKANSAS
Arkansas Statutes, 1947, title 10, chapter 11, section-- 10-1101. Consent to purchase of real property by United States--
Cession of jurisdiction.--The state of Arkansas hereby consents to the purchase to be made or heretofore made, by the United States, of any site or ground for the erection of any armory, arsenal, fort, fortification, navy yard, customhouse, lighthouse, lock, dam, fish hatcheries, or other public buildings of any kind whatever, and the jurisdiction of this States, within and over all grounds thus purchased by the United States, within the limits of this State, is hereby ceded to the United States.
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Provided, that this grant of jurisdiction shall not prevent
execution of any process of this State, civil or criminal, upon any person who thereof. [Act Apr. 29, 1903, No. 180, Sec. 2, p. 346; C.& M. Dig., Sec. 4565; Pope's Dig., Sec. 5645.]
10-1102. Relinquishment of right to tax.--This State releases and
relinquishes her right to tax any such site, grounds or real estate, and all improvements which may be thereon or hereafter erected thereon, during the time the United States shall be and remain the owner thereof. [Act Apr. 29, 1903, No. 180, Sec. 2, p. 246; C. & M. Dig., Sec. 4565; Pipe's Dig., Sec. 5645.]
10-1103. Consent to acquisition by United States of land for
river improvements, canals and hydroelectric plants--Cession of jurisdiction.--The consent of the State of Arkansas is given to the acquisition by the United States by purchase or condemnation with just compensation or by grant or otherwise, of such lands in the State of Arkansas as in the opinion of the federal government may be needed for the construction of dams, reservoirs, floodway,locks, canals, hydroelectric power plants, channel improvements, channel diversions, and for such other works as may be necessary for the control of floods, the development of hydroelectric power, the irrigation of lands, the conservation of the soil, recreation, and other beneficial water uses, and the jurisdiction of this state within and over all grounds thus acquired by the United States. Provided, that this grant of jurisdiction shall not prevent execution of any processes of this State, civil or criminal, on any person who may be on said premises. [Acts 1939, No. 327, Sec. 1, p,857.]
10-1104 Lands purchased for national cemeteries.--Cession of
jurisdiction.--The jurisdiction of this State within and over all lands purchased by the United States on which national cemeteries may be established within the limits of this State is hereby ceded to the United States, so far as the permanent enclosures of such national cemeteries may extend and no further. [Act Feb. 21, 1867, No. 60, Sec. 1, p. 153; C. & M. Dig., Sec. 4553; Pope's Dig., Sec. 5633.]
10-1107 Congressional authority with respect to fish and game
regulations in national forests--Enforcement.--The consent of the State of Arkansas is given to the making by Congress of the United States or under its authority,of al such rules and regulations as the federal government may determine to be needful in respect to game animals, game an non-game birds and dish on or in and over national forest lands within the State of Arkansas, Provided however, that all such rules and regulations must be approved by the Game and fish Commission before such rules and regulations can be enforced. The
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authority to enforce such concurrent rules and regulations is hereby
extended jointly to the federal government and to the Game and Fish
Commission. [Acts 1925, No. 230, Sec. 675; Pope's Dig., Subsec. 5648,
6000; Acts No. 272, Sec. 1, p, 711.]
CALIFORNIA
Constitution of the State of California, article XIV, section-- Sec. 4. Water Rights of Government Agencies.
Whenever any agency of government, local, state, or federal,
hereafter acquires any interest in real property in this State, the acceptance of the interest shall constitute an agreement by the agency to conform to the laws of California as to the acquisition, control, use, and distribution of water with respect to the land so acquired. [New section added November 2, 1954.]
Deerings's California Codes, Government Code, title I, division
1, chapter 1, sections--
Sec. 125. Coded jurisdiction limited by retrocession. All
jurisdiction ceded tot he United States by this articles limited by the terms of any retrocession of jurisdiction heretofore or hereafter granted by the United States and accepted by the State.
Sec. 126. Consent to acquisition of land by United States;
Conditions; "Acquisition"; Application of section. Notwithstanding any other provision of law, general or special, the Legislature of California consents to the acquisition by the United States of land within this State upon and subject to each and all of the following express conditions and reservations, in addition to any other conditions or reservations prescribed by law:
(a) The acquisition must be for the erection of forts,
magazines, arsenals, dockyards, and other needful buildings, or other public purpose within the purview of clause 17 of Section 8 of Article I of the Constitution of the United States, or for the establishment consolidation and extension of national forests under the provisions of the act of Congress approved March 1, 1911, (36 Stat. 961) known as the "Weeks Act";
(b) The acquisition must be pursuant to and in compliance with
the laws of the United States;
(c) The United States must in writing have assented to
acceptance of jurisdiction over the land upon and subject to each and all of the conditions and reservations in this section and in Section 4 of Article XIV of the Constitution prescribed;
(d) The conditions prescribed in subdivisions (a), (b), and (c)
of this section must have been found and declared to have occurred and to exist, by the State Lands Commission, and the commission
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must have found and declared that such acquisition is in the interest
of the State, certified copies of its orders or resolutions making
such findings and declarations to be filed in the Office of the
Secretary of State and recorded in the office of the county recorded
of each county in which any part of the land is situate;
(e) In granting this consent, the Legislature and the State
reserve jurisdiction on and over the land for the execution of civil process and criminal process in all cases, and the State's entire power of taxation including that of each state agency, county, city, city and county political subdivision or public district of or in the State; and reserve to all persons residing on such land all civil and political rights, including the right of suffrage, which they might have were this consent not given.
(f) This consent contain use only so long as the land continues
to belong to the United States and is held by it in accordance and in compliance with each and all of the conditions and reservations in this section prescribed.
(g) Acquisition as used in this section means: (1) lands
acquired in fee by purchase or condemnation, (2) lands owned by the United States that are included in the military reservation by presidential proclamation or act of Congress, and (3) leaseholds acquired by the United States over private lands or state-owned lands.
(h) In granting this consent, the Legislature and the State
reserve jurisdiction over the land, water and use of water with full power to control and regulate the acquisition, use, control and distribution of water with respect to the land acquired.
The finding and declaration of the State Lands Commission
provided for in subdivision (d) of this section shall be published once in a newspaper of general circulation in each county in which the land or any part thereof is situated and a copy of such notice shall be personally served upon the clerk of the board of supervisors of each such county. The State Lands Commission shall make rules and regulations governing the conditions and procedure of such hearings, which shall provide that the cost of publication and service of notice and all other expenses incurred by the commission shall be borne by the United States.
The provisions of this section do not apply to any land or water
areas heretofore or hereafter acquired by the United States for migratory bird reservations i accordance with the provisions of sections 375 to 380, inclusive, of the Fish and Game Code. [Amended by Stats. 1953, ch. 1856, Sec. 1; Stats. 1955, ch. 649, Sec. 1.]
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Sec. 127. Same; Index; Degree of United States jurisdiction.--In
addition to other records maintained by the State Lands Commission, the commission shall prepare and maintain an adequate index of record of documents with description of the lands over which the United States acquired jurisdiction pursuant to Section 126 of this code or pursuant to any prior state law. Said index shall record the degree of jurisdiction obtained by the United States for each acquisition.
Government Code, title 3, division 2, part 2, chapter 5, article
4, sections--
Sec. 25420. Acquisition and conveyance of lands to United States
for military purposes.--Pursuant tot his article, the board of supervisors may acquire and convey lands to the United States for use for any military purposes authorized by any law of the United States, including permanent mobilization, training, and supply stations.
Sec. 25421. Determination of desirability of incurring
indebtedness. Whenever the Secretary of War agrees on behalf of the United States to establish in any county a permanent mobilization, training, and supply station for any military purposes authorized by any law of the United States, on condition that land aggregating approximately a designated number of acres at such location or locations within the county as he from time to time selects or approves be conveyed to the United States with the consent of the State in consideration of the benefits to be derived by the county from the use of the lands by the United States for such purpose, the board may determine that it is desirable and for the general welfare and benefit of the people of the county and for the interest of the county to incur an indebtedness in an amount sufficient to acquire land in the county for such purposes.
Sec. 25432. Consent of Legislature. Pursuant to the
Constitution and laws of the United States, and especially to paragraph 17 of Section 8 of Article 1 of such Constitution, the consent of the Legislature is given to the United States to acquire upon the conditions and for the purposes set forth in this article, from any county acting under this article, title to all lands referred to in this article.
Sec. 25433. Evidence of title: Consent to exclusive legislation
by Congress: Conditions subsequent. The title shall be evidenced by a deed or deeds of the county, signed by the chairman of its board of supervisors and attested by the clerk of the county under seal, and the consent of the State is given to the exercise by Congress of exclusive legislation in all cases over any tracks or parcels of land conveyed to it pursuant to this article. The board may insert in every conveyance made pursuant to this article such condition subsequent as it deems necessary to insure the use of the land by the United States for the purposes mentioned in and to carry out the provisions of this article.
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Government Code, title 5, division 1, part 1, chapter 2, article
3, sections--
Sec. 50360. Conveyance of land to United States for federal
purposes: Acquisition of land. The legislative body of a local agency may convey land which it owns within its boundaries to the United States to be used for federal purposes and may acquire land for this purposes pursuant to this article.
Sec. 50362. Conveyance of land for use by War or Navy Department
or as customs and immigration offices: Expenditure from general fund to acquire or improve land. By a four-fifths vote the legislative body of a local agency may convey land which it owns within the State to the United States for use by the War Department, the Navy Department, or as customs and immigration offices and may expend money from the general fund to acquire such land or to improve the land it owns or has acquired and desires to convey to the United States.
Sec. 50367. Consent of Legislature given to United States to
acquire land. The consent of the Legislature is given to the United States to acquire land upon the conditions and for the purposes set forth in this article.
Sec. 50370. Exclusive jurisdiction ceded to United States:
Concurrent jurisdiction reserved for certain purposes. The Legislature cedes to the United States exclusive jurisdiction over land conveyed pursuant to this article, reserving concurrent jurisdiction with the United States for the execution of all civil and criminal process, issued under authority of the State as if a conveyance had not been made.
Public Resources Code, division 6, part 4, chapter 1, section-- Sec. 8301. Authority to convey tract for site of lighthouse,
beacon or other navigation aid: Jurisdiction over tract after
conveyance. The Governor, on application therefor by a duty authorize
agent, may convey to the United States any tract of land not exceeding
10 acres, belonging to the State and covered by navigable waters, for
the site of a lighthouse, beacon, or other aid to navigation. After
conveyance, the United States shall have jurisdiction over the tract,
subject to the right of the State to have concurrent jurisdiction so
far that all process, civil or criminal, issued under authority of the
State may be executed by the proper officers thereof within the tract,
upon any person amendable thereto, in like manner and with like effect
as if the conveyance had not been made.
Division 6, part 4, chapter 3, section--
Sec. 8401, Authority to grant, transfer and convey property. The
boards of supervisors of the several counties may grant, transfer and convey without consideration, any real property or interest therein
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now owned or hereafter acquired by any county, to the United States to
be used for national park purposes.
Deering's General Laws of the State of California, volume III,
page 3393:
Act 8835. Validation of Grants to United States for Military or
Naval Purposes. [Stats. 1943, ch. 598.]
AN ACT Validating grants by municipal corporations or any State
agency to the United States of America for military or naval purposes.
Sec. 1. Grants of property of municipal corporation ratified. Sec. 2. Grants by State agency ratified.
Sec. 1. Grants of property of municipal corporation ratified.
Every grant, including lease, to the United States of America for military or naval uses, of property of any municipal corporation heretofore made by any legislative body thereof, whether with or without consideration and whether or not previous authority for such grant or lease existed, hereby is ratified and validated; provided, that such grant or lease contains a reservation to the State of deposits of oil and gas and other hydrocarbon and mineral deposits and of right of way for access to all such deposits as prescribed in Section 6402 of the Public Resources Code, except in the case where any such lands have been granted to such municipal corporation without reserving such deposits to the States.
Sec. 2. Grants by State agency ratified. Every grant and lease
of real property of the State executed by any State agency to the United States of America for military or naval purposes, is hereby ratified and validated if it was approved by the Governor and if it reserved to the State the mineral deposits and right of way as described in Section 1 hereof.
Gen. Laws 107.
COLORADO
Colorado Revised Statutes 1953, chapter 142, article I, sections-- 142-1-1. Consent to acquisition of lands by United States.--The
consent of this state is hereby given to the purchase by the United States of such ground in the city of Denver, or any other city or incorporated town in this state, as its authorities may select, for the accommodation of the United States circuit and district courts, post offices, land offices, mints, or other government offices in said cities or incorporated towns, and also to the purchase by the United States of such other lands within this state as its authorities may from time to time select for the erection of forts, magazines, arsenals and other needful buildings.
142-1-2. Consent to condemn land--when notice required.--The
consent of the state of Colorado is hereby given, in accordance with the seventeenth clause, eighth section of the first article of the constitution of the United States, to the acquisition by the United States, by pur-
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chase, condemnation or otherwise, of any land in this state required
for customhouses, courthouses, post offices, arsenals, or other
buildings whatever, or for any other proper purpose of the United
States government. Before any privately owned land in this state is
acquired for any purpose other than for customhouses, courthouses,
post offices, arsenals, or other governmental buildings, the United
States shall give written notice of intention to acquire such land to
the board of county commissioners of the county wherein such land is
situated and to the Colorado tax commission, which notice shall be
given at least thirty days prior to the date of such intended
acquisition.
142-1-3. Jurisdiction of United States over land.--Exclusive
jurisdiction in and over any land so acquired by the United States shall be and the same is hereby ceded to the United States for all purposes, except the service of all civil and criminal process of the courts of this state; but the jurisdiction so ceded shall continue no longer than the said United States shall own such land.
142-1-4. When jurisdiction vests--tax exemption.--The
jurisdiction shall not vest until the United States shall have acquired the title to the said lands by purchase, condemnation or otherwise; and so long as the said lands shall remain the property of the said United States when acquired and no longer, the same shall be and continue exempt and exonerated from all state, county and municipal taxation, assessment or other charges which may be levied or imposed under the authority of this state.
CONNECTICUT
The General Statutes of Connecticut, Revision of 1949, title II,
chapter 7, section--
130. Sites for beacon lights and other buildings. The treasurer
is authorized to execute on behalf of the state and deliver, with the approval of the governor, to the United States of America, a deed of any parcel of land belonging to the state, for the purpose of the erection and maintenance thereon of beacon lights and other buildings and apparatus to be used in aid of navigation. Any such deed shall contain a provision that if such lights, buildings and apparatus are not erected thereon within five years from the date of such deed, or if the government of the United States of America abandons the use of such land for such purposes, title to such land shall revert to the state. Jurisdiction of the state over any land deeded to the United States under the provisions of this section shall be ceded to the United States, provided the state shall retain concurrent jurisdiction with the United
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States, for the sole purpose of serving and executing thereon civil
and criminal process issued under any provision of the statutes.
Title LVII, chapter 360, section--
7172. United States; ceding jurisdiction to. The consent of the
state off Connecticut is given, in accordance with the seventeenth clause, eighth section, of the first article of the constitution of the United States, to the acquisition by the United States, by purchase, condemnation or otherwise, of any land in this state required for customhouses, courthouses, post offices, arsenals or other public buildings or for any other purposes of the government. Exclusive jurisdiction in and over any land so acquired by the United States is ceded to the United States for all purposes except the service of all civil and criminal process of the courts of this state; but the jurisdiction so ceded shall continue no longer than the United States shall own such land. The jurisdiction ceded shall not vest until the United States shall have acquired the title to such lands by purchase, condemnation or otherwise; and, so long as such lands shall remain the property of the United States when acquired as aforesaid, the same shall be exempt from all state, county and municipal taxation, assessment or other charges.
DELAWARE
Delaware Code Annotated, Title 29, Chapter I, Section-- Sec. 101. Territorial limitation.--The jurisdiction and
sovereignty of the State extend to all places within the boundaries thereof, subject only to the rights of concurrent jurisdiction as have been granted to the State of New Jersey or have been or may be granted over any places ceded by this State to the United States.
Sec. 102. Consent to purchase of land by the United States.--The
consent of the Legislature of Delaware is given to the purchase by the Government of the United States, or under authority of such government, of any tract, piece or parcel of land, not exceeding ten acres in any one place or locality, for the purpose of erecting thereon lighthouses and other needful public buildings whatsoever, and of any tract, piece or parcel of land, not exceeding 100 acres in any one place or locality, for the purpose of erecting thereon forts, magazines, arsenals, dockyards and other needful buildings, from any individuals, bodies politic or corporate, within the boundaries or limits of the State; and all deeds, conveyances, or title papers for the same shall be recorded as in other cases upon the land records of the county in which the land so conveyed may be situated; and in like manner may be recorded a sufficient description, by metes and bounds, courses and distances, of any tracts or legal divisions of any public land
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belonging to the United States, which may be set apart by the general
government for any or either of the purposes before mentioned, by an
order, patent, or other official document or papers so describing such
land. The consent herein given is in accordance with the eighteenth
clause of the eighth section of the First Article of the Constitution
of the United States,, and with the Acts of Congress in such cases
made and provided.
Sec. 103. Cession of lands to the United States; taxation;
reverter to State.--(a) Whenever the United States shall desire to acquire a title to land of any kind belonging to this State, whether covered by the navigable waters within its limits or otherwise, for the site of any light-house, beacon, life-saving station, or other aid to navigation, and application is made by a duly authorized agent of the United States, describing the site or sites required therefor, the Governor may convey the site to the United States, and cede to the United States jurisdiction over the site. No single tract desired for any light-house, beacon, or other aid to navigation shall contain more than ten acres, or for any life-saving station more than one acre.
(b) All the lands, rights and privileges which may be ceded
under subsection (a) of this section, and all the buildings, structures, improvements, and property of every kind erected and placed on such lands by the United States shall be exempt from taxation so long as the same shall be used for the purposes mentioned in subsection (a) of this section.
(c) The title of any land, which may be ceded under subsection
(a) of this section, shall escheat and revert to the State, unless the construction thereon of the light-house, beacon, life-saving station or other aid to navigation, for which it is ceded, shall be commenced within two years after the conveyance is made, and shall be completed within ten years thereafter.
Sec. 104. Execution of process on ceded territory. The
sovereignty and jurisdiction of this State shall extend over any lands acquired by the United States under the provisions of sections 101- 103 of this title, to the extent that all civil and criminal process issued under authority of any law of this State may be executed in any part of the premises so acquired, or the buildings or structures thereon erected.
FLORIDA
Florida Statutes Annotated, title II, chapter 6, sections-- 6.02 United States authorized to acquire lands for certain
purposes.--The United States may purchase, acquire, hold, own, occupy and possess such lands within the limits of this state as they shall seek to occupy and hold as sites on which to erect and maintain forts,
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magazines, arsenals, dockyards, and other needful buildings, or any of
them, as contemplated and provided in the Constitution of the United
States; such land to be acquired either by contract with owners, or in
the manner hereinafter provided.
6.03 Condemnation of land when price not agreed upon.--If the
officer or other agent employed by the United States to make such purchase and the owner of the land contemplated to be purchased, as aforesaid, cannot agree for the sale and purchase thereof, the same may be acquired by the United States by condemnation in the same manner as is hereinafter provided for condemnation of lands for other public purposes, and any officer or agent authorized by the United States may institute and conduct such proceedings in their behalf.
6.04 Jurisdiction over such lands, how ceded to the United
States.--Whenever the United States shall contract for, purchase or acquire any land within the limits of this state for the purposes aforesaid, in either of the modes above mentioned and provided, or shall hold for such purposes lands heretofore lawfully acquired or reserved therefor, and shall desire to acquire constitutional jurisdiction over such lands for said purposes, the governor of this state may, upon application made to him in writing on behalf of the United States for that purpose, accompanied by the proper evidence of said reservation, purchase, contract or acquisition of record, describing the land sought to be ceded by convenient metes and bounds, thereupon, in the name and on behalf of this state, cede to the United States exclusive jurisdiction over the land so reserved, purchased or acquired and sought to be ceded; the United States to hold, use, occupy, own, possess and exercise said jurisdiction over the same for the purposes aforesaid, and none other whatsoever; provided, always, that the consent aforesaid is hereby given and the cession aforesaid is to be granted and made as aforesaid, upon the express condition that this state shall retain a concurrent jurisdiction with the United States in and over the land or lands so to be ceded, and every portion thereof, so far that all process, civil or criminal, issuing under authority of this state, or of any of the courts or judicial officers thereof may be executed by the proper officers thereof, upon any person amenable to the same, within the limits and extent of lands so ceded, in like manner and to like effect as if this law had never been passed; saving, however, to the United States security to the property within said limits and extent, and exemption of the same, and of said lands from any taxation under the authority of this state while the same shall continue to be owned, held, used and occupied by the United States for the purposes above expressed and intended, and not otherwise.
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6.05 Transfer of title to and jurisdiction over land owned by
state.--Whenever a tract of land containing not more than four acres shall be selected by an authorized officer or agent of the United States for the bona fide purpose of erecting thereon a lighthouse, beacon, marine hospital or other public work, and the title to the said land shall be held by the state, then on application by the said officer or agent to the governor of this state, the said executive may transfer to the United States the title to, and jurisdiction over, said land; provided, always that the said transfer of title and jurisdiction is to be granted and made, as aforesaid, upon the express condition that this state shall retain a concurrent jurisdiction with the United States, in and over the lands so to be transferred, and every portion thereof, so far that all process, civil or criminal, issuing under authority of this state or any of the courts or judicial officers thereof, may be executed by the proper officer thereof, upon any person amenable to the same, within the limits and extent of the lands so ceded, in like manner and to like effect as if this law had never been passed; saving, however, to the United States, security to their property within said limits or extent. The said lands shall hereafter remain the property of the United States and be exempt from taxation as long as they be needed for said purposes.
Title VI, chapter 46, section--
46.12 Military, naval or other service as residence.--Any person
in any branch of service of the government of the United States, including military and naval service, and the husband or the wife of any such person, if he or she be living within the borders of the State of Florida, shall be deemed prima facie to be a resident of the State of Florida for the purpose of maintaining any suit in chancery or action at law. Laws 1943, c. 21966, Sec. 1.
GEORGIA
Constitution of the State of Georgia of 1945, article VI, section
XIV, chapter 2-49--
2-4901. (6538) paragraph 1. Divorce cases.--Divorce cases shall
be brought in the county where the defendant resides, if a resident of this state; if the defendant be not a resident of this state, then in the county in which the plaintiff resides, provided, that any person who has been a resident of any United States Army Post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or military reservation.
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The Code of Georgia of 1933, sections--
15-301. (25) Cession to the United States of land for public
buildings, forts, etc.--The consent of the State is hereby given, in accordance with the 17th clause, section 8, of article 1, of the Constitution of the United States, to the acquisition by the United States, by purchase, condemnation or otherwise, of any lands in this State which have been or may hereafter be acquired for sites for customs houses, courthouses, post offices, or for the erection of forts, magazines, arsenals, dockyards, and other needful buildings. (Acts 1906, p. 126; 1927, p. 352.)
15-302. (26) Jurisdiction.--Exclusive jurisdiction in and over
any lands so acquired by the United States is hereby ceded to the United States for all purposes except service upon such lands of all civil and criminal process of the courts of this State; but the jurisdiction so ceded shall continue no longer than said United States shall own such lands. The State retains its civil and criminal jurisdiction over persons and citizens in said ceded territory, as over other persons and citizens in this State, except as to any ceded territory owned by the United States and used by the Department of Defense, but the State retains jurisdiction over the regulation of public utility services in any ceded territory. Nothing herein shall interfere with the jurisdiction of the United States over any matter or subjects set out in the acts of Congress donating money for the erection of public buildings for the transaction of its business in this State, or with any laws, rules, or regulations that Congress may adopt for the preservation and protection of its property and rights in said ceded territory, and the proper maintenance of good order therein. (Acts 1890-1, p. 201; 1927, p. 352, p. 264.)
15-303. Time of vesting of jurisdiction; redemption of lands
from taxation.--The jurisdiction hereby ceded shall not vest until the United States shall have acquired the title to the said lands by purchase, condemnation, or otherwise; and as long as the said lands shall remain the property of the United States when acquired as aforesaid, and no longer, the same shall be and continue exempt and exonerated from all State, county, and municipal taxation, assessment, or other charges which may be levied or imposed under authority of the State. (Acts 1927, p. 352.)
30-107. (2950) Period of petitioner's residence in State.--No
court shall grant a divorce of any character to any person who has not been a bona fide resident of the State six months before the filing of the application for divorce: Provided, that any person who has been a resident of any United States army post or military reservation within the State of Georgia for one year next preceding the filing of the petition may being an action for divorce in any county adjacent to said
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United States army post or military reservation. (Acts 1893, p. 109;
1939, p. 203; 1950, p. 429.)
45-336. Federal game regulations on United States Government
lands in Georgia; consent of State.--The consent of the General Assembly is hereby given to the making by Congress of the United States, or under its authority, of all such rules and regulations as the Federal Government shall determine to be needful in respect to game animals, game and non-game birds, and fish on such lands in the northern part of Georgia as shall have been, or may hereafter be, purchased by the United States under the terms of the Act of Congress of March 1, 1911, entitled, "An Act to enable any State to cooperate with any other State or States or with the United States for the protection of the watersheds of navigable streams and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers" (36 United States Statutes at Large, page 961), and Acts of Congress supplementary thereto and amendatory thereof, and in or on the waters thereof. (Acts 1922, p.106.)
IDAHO
Idaho Code containing the General Laws of Annotated (Published by
authority of Laws 1947, chapter 224) chapter 7, sections--
58-701. Military lands--Yellowstone National Park lands--
Cession--Jurisdiction for execution of process reserved.--Pursuant to article 1, section 8, paragraph 17, of the Constitution of the United States, consent to purchase is hereby given, and exclusive jurisdiction ceded, to the United States over and with respect to all lands embraced within the military posts and reservations of Fort Sherman and Boise Barracks, together with such other lands in the state as may be now or hereafter acquired and held by the United States for military purposes, either as additions to the said posts or as new military posts or reservations which may be established for the common defense; and, also, all such lands within the state as may be included in the territory of the Yellowstone National Park, reserving, however, to the state a concurrent jurisdiction for the execution, upon said lands, or in the buildings erected thereon, of all process, civil or criminal, lawfully issued by the courts of the state, and not incompatible with this cession. [1890-1891, p. 40, Sec. 1; reen.
1899, p. 22, Sec. 1; reen. R.C. & C.L., Sec. 27; C.S., Sec. 70;
I.C.A., Sec. 56-601.]
58-702. Consent to purchases by United States--Jurisdiction for
execution of process reserved.--Consent is given to any purchase
already made, or that may hereafter be made, by the government of the
United States, of any lots, or tracts of land, within this state, for
the use of such government, and to erect thereon and use such
buildings,
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or other improvements, as may be deemed necessary by said government;
and over such lands and the buildings, or improvements, that are, or
may be, erected thereon, the said government shall have entire control
thereon all process, civil or criminal, lawfully issued by the courts
of this state, and not incompatible with this cession. [1895, p. 21,
Sec.1; reen. 1899, p. 235, Sec. 1; reen. R.C. & C.L., Sec. 28; C.S.,
Sec. 71; I.C..A., Sec. 56-602.]
58-705. Consent to land purchase for migratory labor homes
projects--Jurisdiction.--Consent is given to any purchase already
made, or that may hereafter be made, by the government of the United
States of any lots, or tracts of land within this state, for migratory
labor homes projects; and over such lands and the buildings or
improvements that are, or may hereafter be, erected thereon the United
States shall have entire control and jurisdiction, except that the
state shall have jurisdiction to execute thereon any process, civil or
criminal, lawfully issued by the courts of this state, and not
incompatible with this cession. [1943, ch. 152, Sec. 1, p. 308.]
ILLINOIS
The two acts of July 10, 1953, repealed all other pertinent
statutes.
An act to repeal "An Act ceding to the United States exclusive jurisdiction over certain lands acquired for public purposes within this State, and authorizing the acquisition thereof", approved April 11, 1899
Be it enacted by the People of the State of Illinois, represented
in the General Assembly:
SECTION 1. "An Act ceding to the United States exclusive
jurisdiction over certain lands acquired for public purposes within this state, and authorizing the acquisition thereof," approved April 11, 1899, is repealed. (Approved July 10, 1953. Ill.Rev.Stat., Vol. 2, p. 1430.)
An act to repeal "An Act in relation to the acquisition of land in the State by the United
States for governmental purposes", approved June 30, 1923
Be it enacted by the People of the State of Illinois, represented
in the General Assembly:
SECTION 1. "An Act in relation to the acquisition of land in the
State by the United States for governmental purposes," approved June 30, 1923 is repealed. (Approved July 10, 1953. Ill. Rev. Stat., Vol. 2, 143.)
Jones Illinois Statutes Annotated, chapter 137, sections--
An act granting to the Government of the United States the right to enter upon and take possession of such small tracts or parcels of land lying within the State of Illinois, and on the waters of the Ohio and Wabash rivers, as may be necessary to facilitate the improvement of said rivers. (Approved April 15, 1875. In force July 1, 1875. L. 1875 p.88.)
144
Preamble. Whereas, the government of the United States has
begun, and will probably continue the improvement of the Ohio and Wabash rivers; and whereas, it may be advisable, for the removal of all doubts as to the right of the general government to acquire real estate and establish public works within the limits of any State without the consent of such State: therefore,
137.02 Consent of State given United States to enter land to
improve Ohio and Wabash rivers.] SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the consent of the State of Illinois be and is hereby given to the government of the United States to enter upon such small parcels or tracts of land lying on the bank of the Ohio and Wabash rivers, within the State of Illinois, as may be necessary for the construction of locks, lock-keepers' dwellings, and abutments or other works, to be used to facilitate the improvement of the channels of said rivers.
137.03 Eminent domain.] Sec.2. All cases of damages that may
arise under the provisions of this Act shall be settled as provided for in "An Act to provide for the exercise of the right of eminent domain," approved April 10, 1872. In force July 1, 1872.
For act referred to in text of this section, see 109.248--
109.261.
137.04 Exclusive jurisdiction ceded.] Sec.3. Exclusive
jurisdiction is hereby ceded to the United States over all or any lands acquired under the provisions of this Act.
INDIANA
Burns Indiana Statutes Annotated (1951 Replacement), title 62,
chapter 10, sections--
62-1001 [13993]. Jurisdiction ceded to United States.--The
jurisdiction of this state is hereby ceded to the United States of America over all such pieces or parcels of land within the limits of this state as have been or shall hereafter be selected and acquired by the United States for the purpose of erecting post-offices, custom- houses or other structures exclusively owned by the general government and used for its purposes: Provided, That an accurate description and plat of such lands so acquired, verified by the oath of some officer of the general government having knowledge of the facts, shall be filed with the governor of the state; And, provided further, That this cession is upon the express condition that the state of Indiana shall so far retain concurrent jurisdiction with the United States in and over all lands acquired or hereafter acquired as aforesaid that all civil and criminal process issued by any court of competent jurisdiction or officer having authority of law to issue such process, and all orders made by such court or any judicial officer duly empowered to make such orders necessary to be served upon any person, may be executed upon said
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lands, and in the buildings that may be erected thereon, in the same
way and manner as if jurisdiction had not been ceded as aforesaid
[Acts 1883, ch. 7, Sec. 1, p. 8]
62-1002 [13994]. Exemption from taxation-Limitations,--The lands
aforesaid, when so acquired, shall forever be exempt from all taxes and assessments so long as the same shall remain the property of the United States: Provided, however, That this exemption shall not extend to or include taxes levied by the state of Indiana upon the gross receipts or income of any person, firm, partnership, association, or corporation which is received on account of the performance of contracts or other activities upon such lands or within the boundaries thereof. [Acts 1883, ch. 7, Sec.2, p. 8; 1901, ch. 158, Sec. 1, p. 344; 1941, ch. 211, Sec. 1, p. 641.]
62-1003 [13995]. Light-house sites--Jurisdiction ceded to United
States.--Whenever the United States desires to acquire title to land belonging to the state, and covered by the navigable waters United States, within the limits thereof, for the site of a light-house, beacon, or other aid to navigation, and application is made by a duly authorized agent of the United States, describing the site required for one [1] of the purposes aforesaid, then the governor of the state is authorized and empowered too convey the title to the United States, and to cede to the said United States jurisdiction so far that all process, civil or criminal, issuing under the authority of the state, may be executed by the proper officers thereof upon any person or persons amenable to the same, within the limits of the land so ceded, in like manner and to like effect as if this act [section] had never been passed. [Acts 1875 (Spec. Sess.), ch. 14, Sec. 1, p. 60.]
62-1007 [13999]. Condemnation by United States for river
improvements.--Whenever the United States shall begin the improvement of any navigable river within or bordering upon this state, by means of locks, dams and adjustable chutes, the consent of the state of Indiana is hereby given to the acquisition, be the United States, by purchase or by condemnation, in the manner hereinafter provided, of any lands, buildings, or other property necessary for the purpose of erecting thereon dams, abutments, locks, lock-keepers' houses, chutes, and other necessary structures for the construction and maintenance of slack-water navigation on said land or lands, buildings and other property, when purchased or acquired as provided by this act [Secs. 62-1007--62-1009], and shall exercise jurisdic-
146
tion and control over the same. [Acts 1875 (Spec. Sess.), ch 34, Sec.
1, p. 81.]
62-1008 [1400]. Proceedings, how had.--If the United States
shall determine to take the lands, buildings or other property necessary for the purposes mentioned in the preceding section, and can not agree with the owner or owners of such land, buildings or other property as to the amount of compensation to be made for such taking, the circuit court having jurisdiction in the county where such lands, buildings or other property are situated, upon application by either the United States or the said owner or owners, or any one in behalf of either, shall appoint three [3] disinterested freeholders to ascertain and determine the amount of compensation to be paid to such owner or owners who shall make a report to the said court of their award, on or before the first term next after their appointment: Provided, That the said United States shall not be authorized to take possession or use or occupy the lands, buildings or other property taken under the provision of this section until the amount of said award shall be paid to the owner or owners thereof: An provided, further: That the said court may set said the report of said viewers, upon being satisfied that the amount of said award is excessive. [Acts 1875 (Spec. Sess.), ch. 34, Sec. 2, p. 81.]
62-1010 [14002]. United States may purchase for ohio or Wabash
River improvements.--The consent of the legislature of the state of Indiana is hereby given to the purchase, by the government of the United States, or under the authority of the same, of any tract, piece or parcel of land from any individual or individuals, bodies politic or corporate, on the banks of the Ohio or Wabash River, within the limits of this state, for the purpose of creating thereon locks, dams, abutments, lock-keepers' dwellings, or other structures which may be necessary in connection with the improvement of the said river; and all deeds and conveyances of title-papers for the same shall be recorded as in other cases upon the land records of the county in which the lands so conveyed may be--the consent herein and hereby given being in accordance with the seventeenth clause of the eighth section
147
of the first article of the Constitution of the Unites States, and
with the acts of congress in such cases made and provided. [Acts
1877, ch. 50,Sec. 1, 90.]
62-1011 [14003]. Condemnation.--In case of failure of the United
States to agree with the owner or owners of any such land as the United States may deem necessary for the purposes named in the preceding section, within this state, it shall be lawful for the United States to apply for the condemnation of such, land, not exceeding ten [10] acres in any one [1] place, by petition to any judge of a court of record of this state in or nearest to the county where the land may be situated, either in term time or vacation, notice of the time and place of such application having been first duly given by publication for thirty [30] days prior to the day of such application in some newspaper of general circulation published in the county where the land lies, or, if the owner or owners reside in the state of Indiana, by personal service upon the owner or owners of such land at least twenty [20] days prior to such application, and thereupon it shall be lawful for such judge to appoint three [3] disinterested freeholders of the county where such land lies as commissioners, who, having been first duly sworn to well and truly appraise the damages due the owner or owners of said land so proposed to be taken, shall report, in writing, to said judge the amount of damages to be paid to the owner or owners of said land, the title of said land shall vest in the United States. Exclusive jurisdiction and right of assessment and taxation is hereby ceded to United States over an lands acquired under the provisions of this act [Secs. 62-1010--62- 1012] and over the buildings or property of the United States situated thereon [Acts 1877, ch. 50, Sec. 2, p. 90.]
62-1012 [14004]. Process of state courts.--This act [Secs. 62-
1010--62-1012] shall not be construed in such manner ass to debar or hinder the process of any court or judge of this state from running within the boundaries of the lands so acquired by the United States, or over any part of such land, for any longer time than the said lands shall be used for the purposes after said. {Acts 1877, ch. 50, Sec. 3, p. 90.]
62-1013 [14005]. Condemnation by United States.--Whenever the
United States of America shall desire to acquire title to a tract of land in the state of Indiana, for any purposes, and the said state shall have given its consent to such acquisition, it shall be lawful for the said United States to acquire title to such tract of and by condemnation in the manner hereinafter provided. [Acts 1875, ch. 115, Sec. 1, p. 163.]
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62-1021. Consent of state to acquisition of land.--The consent
of the state of Indiana is hereby given to the acquisition by the United States of America by purchase,gift, or condemnation with adequate compensation such lands in the state of Indiana as the United States of America may desire to purchase and acquire, pursuant to any act of Congress for the acquisition, establishment, maintenance, and development of fish hatcheries, wild life preserves, forest preserves, or for agricultural, recreational, or experimental uses. [Acts 1937, ch. 52, Sec. 1, p. 291.]
62-1022. Powers granted United States of America.--The United
States of America is hereby granted all the power and authority necessary for the maintenance, development, control, and administration of such lands as may be acquired by virtue of this act [Secs. 62-1021--62-1027] through its officers, agents, or employees, or through cooperative agreement with the department of conservation of the state of Indiana, except as herein otherwise provided. [Acts 1937, ch. 52, Sec. 2, p. 291.]
62-1024. Concurrent jurisdiction--Exclusive rights retained by
state--Exception.--(a) The state of Indiana shall retain concurrent jurisdiction with the United States in and over lands so acquired, so far that civil process in all cases and such criminal process as may issue under the authority of the state of Indiana against and person charged with the commission of any crime, without or within said jurisdiction, may be executed thereon in the same manner as if this act [Secs. 62-1021--62-1027] had not been passed.
(b) The state of Indiana shall retain the exclusive right to
regulate the taking, killing, or hunting of wild birds or wild animals, except migratory birds, on any and all land acquired by the United States under the provisions of this act in the same manner and to the same extent as it may lawfully regulate the taking, killing, or hunting of wild birds or wild animals on land owned by the state and used for conservation purposes. [Acts 1937, ch. 52, Sec. 4, p. 291.]
IOWA
The Code of Iowa, 1954, title 1, chapter 1, sections-- 1.2 Sovereignty. The state possesses sovereignty coextensive
with the boundaries referred to in section 1.1, subject to such rights as may the boundaries referred to in section 1.1, subject to such rights as may at any time exist in the United States in relation to public lands, or to any establishment of the national government. [C51, Sec. 2; R60, Sec. 2; C73, Sec. C97, Sec. 2; C24, 27, 31, 35, 39, Sec. 2; C46, 50, Sec. 1.2].
1.3 Concurrent jurisdiction. The state has concurrent
jurisdiction on the waters of any river or lake which forms a common boundary be-
149
tween this and any other state. [C51, Sec. 3; R60, Sec. 3; C79, Sec.
3; C24, 27, 31, 39, Sec. 3; C46, 50, Sec. 1.3].
See act of congress, Aug. 4, 1846 [9 Stat. L, p.56].
1.4 Acquisition of lands by United States. The United States of
America may acquire by condemnation or otherwise for any of its uses or purposes any real estate in this state, and may exercise jurisdiction there over but not to the extent of limiting the provisions of the laws of this state.
This state reserves, when not in conflict with the constitution
of the United States or any law enacted in pursuance thereof, the right of service on real estate held by the United States of any notice or process authorized by its laws; and reserves jurisdiction, except when used for naval or military purposes, over all offenses committed thereon against its laws and regulations and ordinances adopted in pursuance thereof.
Such real estate shall be exempt from all taxation, including
special assessments, while held by the United States except when taxation of such property is authorized by the United States. [R60, Subsec. 2197, 2198; C73, Sec. 4; S13, Subsec. 4a-4d, 2024c; C24, 27, 31, 35, 39, Sec. 4; C46, 50, Sec. 1.4].
Title XVI, chapter 427, section--
427.1 Exemptions. The following classes of property shall not
be taxed:
1. Federal and state property. The property of the United States
and this state, including university, agricultural college, and school lands. The exemption herein provided shall not include any real property subject to taxation under any federal statute applicable thereto, but such exemption shall extend to and include all machinery and equipment owned exclusively by the United States or any corporate agency or instrumentality thereof without regard to the manner of the affixation of such machinery and equipment to the land or building upon or in which such property is located, until such time as the congress of the United States shall expressly authorize the taxation of such machinery and equipment.
KANSAS
General Statutes of Kansas, Annotated, 1949 (Authenticated by the
Attorney General and Secretary of State of the State of Kansas)
Chapter 27, article 1 sections--
27-101. Consent given to the United States to acquire land. That
the consent of the state of Kansas is hereby given, in accordance with the provisions of paragraph number seventeen, section eight, article
150
one of the Constitution of the United States, to the acquisition by
the United States, by purchase, condemnation or otherwise, of any land
in the state of Kansas, which has been, or may hereafter be, acquired
for custom houses, courthouses, post offices, national cemeteries
arsenals, or other public buildings, or for other purpose of the
government of the United States. [L. 1927, ch. 206, Sec. 1; March
17.]
27-102. Jurisdiction. The exclusive jurisdiction over and
within any lands so acquired by the United States shall be, and the same is hereby, ceded to the United States, for all purposes; saving, however, to the state of Kansas the right to serve therein any civil or criminal process authority of the state, in any action on account of rights acquired, obligations incurred or crimes committed in said state, but outside the boundaries of such land; and saving further to said state the right to tax the property and franchises of any railroad, bridge or other corporations within the boundaries of such lands;but the jurisdiction hereby ceded shall not continue after the United States shall cease to own said lands. [L. 1927, ch. 206, Sec. 2; March 17.]
27-102a. Exemption from taxation. That the jurisdiction hereby
ceded shall not vest until the United States shall have acquired the title to said lands; and as long as said lands shall remain the property of the United states, the same shall be exempt from all state, county and municipal taxes. [L. 1927, ch. 206, Sec. 3; March 17.]
27-102b. Taxing certain property upon military reservations. The
property of any private corporation engaged in the business of owning or operating housing projects upon United States military reservations in this state shall be assessed and taxed annually, and the county in which the housing project lies geographically as determined by the descriptions set out in chapter 18 of the General Statutes of 1949 shall have jurisdiction over such housing projects for the purposes of taxation. [L. 1951, ch. 506, Sec. 1; Feb. 28.]
27-102c. Same; property declared personalty; collection. For
the purposes of valuation and taxation, all buildings,, fixtures and
improvements of such housing projects on such military reservations
are hereby declared to be personal property and shall be assessed and
taxed as such, and the taxes imposed on such buildings, fixtures and
improvements shall be collected by levy and sale of the interest of
such owner, in the same manner as provided in other cases for the
collection of taxes on personal property. [L. 1951, ch. 506, Sec. 2,
Feb. 28.]
Chapter 60, article 15, section--
60-1502. Residence of plaintiff.--The plaintiff in an action for
divorce must have been an actual resident in good faith of the state for
151
one year next preceding the filing of the petition, and a resident of
the county in which the action is brought at the time the petition is
filed, unless the action is brought in the county where the defendant
resides or may be summoned: Provided, That any person who has been a
resident of any United States army post or military reservation within
the state of Kansas for one year next preceding the filing of the
petition may bring an action for divorce in any county adjacent to
said United States army post or military reservation. [L. 1909, ch.
182, Sec. 662; R.S. 1923, Sec. 60-1502; L. 1933, ch. 216, Sec. 1; June
5.]
KENTUCKY
Kentucky Revised Statutes, 1953, as amended by the Act of March
13, 1954, sections--
SECTION 1. KRS 3.010 is amended to read as follows: "The
Commonwealth of Kentucky consents to the acquisition by the United States of all lands an appurtenances in this state, by condemnation, gift or purchase, which are needful to their constitutional purposes, but said acquisition shall not be deemed to result in a cession of jurisdiction by this Commonwealth."
SECTION 2. Whenever the United States, or any agency thereof,
shall request the Commonwealth to cede jurisdiction over any areas, it shall be the duty of the Governor to transmit such request to the next session of the General Assembly for such action as it may deem proper.
SECTION 3. Whenever the United States accepts the cession of
jurisdiction over any area, the letter of acceptance shall be entered upon the Executive Journal.
SECTION 4. The Commonwealth consents to any retrocession by the
United States of lands within its geographical boundaries whenever the United States shall have ceased to exercise exclusive or special jurisdiction over such lands. Inter alia, the conveyance of lands to private owners shall be deemed to constitute a retrocession of jurisdiction.
Approved March 13, 1954.
3.020 [2376a-1; 2376b-1; 2376c-1,2376e-2; 2739f-2; 2739f-8;
3766e-17; 3766e-30] Jurisdiction retained for execution of process. Kentucky retains jurisdiction for the execution of process, issued under its authority, over all lands in Kentucky heretofore or hereafter ceded to or acquired by the United States for the erection or establishment of post offices, custom houses, courthouses, locks, dams, canals, parks, cemeteries or forest reserves.
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LOUISIANA
Louisiana Revised Statutes of 1950, title 52, chapter 1,
section--
Sec. 1. Consent of state to acquisition.--The United States, in
accordance with the seventeenth clause, eighth section of the first article of the Constitution of the United States, may acquire and occupy any land in Louisiana required for the purposes of the Federal Government. The United States shall have exclusive jurisdiction over the property during the time that the United States is the owner or lessee of the property. The property shall be exempt from all taxation, assessments, or charges levied under authority of the state.
The state may serve all civil and criminal process issuing under
authority of Louisiana on the property acquired by the United States.
(Source: Acts 1892, No. 12, Secs. 1, 2; Acts 1942, No. 31, Sec. 1.)
Title 56, chapter 2, section--
Sec. 711. Protection of watersheds of navigable streams.--The
consent of the State of Louisiana is given to the Congress of the United States to make or to authorize the proper authorities of the Government of the United States to make such rules and regulations as the Government of the United States determines to be needful in respect to game animals, fish, and game and non-game birds on such lands and in the waters thereof situated in the state as are purchased by the United States under the terms of the Act of Congress of March 1, 1911, entitled "An Act to enable any State to cooperate with any other state or with the United States for the protection of the watersheds of navigable streams and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers", and Act of Congress supplementary thereto and amendatory thereof.
(Source: Acts 1940, No. 52, Sec. 1.)
MAINE
Revised Statutes of the State of Maine, 1954, chapter 1,
sections--
SEC. 1. Sovereignty and jurisdiction.--The jurisdiction and
sovereignty of the state extend to all places within its boundaries, subject only to such rights of concurrent jurisdiction as are granted over places ceded by the state to the United States. (R.S. c. 1, Sec. 1.)
SEC. 2. Sovereignty in space.--Sovereignty in the space above
the lands and waters of the state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state. (R.S. c. 1, Sec. 2.)
SEC. 5. State processes executed i places ceded.--Civil,
criminal and military processes, lawfully issued by an officer of the state, may
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be executed in places ceded to the United States, over which a
concurrent jurisdiction has been reserved for such purpose. (R. S. c.
1, Sec. 5.)
SEC. 6. Governor may cede not exceeding 10 acres to the United
States; compensation to owner.--The governor, with the advice and consent of the council, reserving such jurisdiction, may cede to the United States for purposes named in its constitution any territory not exceeding 10 acres, but not including any highway; nor any public or private burying ground, dwelling house or meeting house, without consent of the owner. If compensation for land is not agreed upon, the estate may be taken for the intended purpose by payment of a fair compensation, to be ascertained and determined in the same manner as, and by proceedings similar to those provided for ascertaining damages in locating highways, in chapter 89. (R.S. c. 1, Secs. 6, 7.]
SEC. 7. Governor may purchase or take land for forts, etc., and
may cede to the United States; compensation to owner; limitation.--
Whenever the public exigencies require it, the governor with the
advice and consent of the council may take in the name of the state, by purchases and deed, or in the manner herein denoted, any lands or right of ways, for the purpose of erecting, using or maintaining any fort, fortification, arsenal, military connection, way, deliver possession and cede the jurisdiction thereof to the United States, on such terms as are deemed expedient.
The owner of any land or rights taken shall have a just
compensation therefor, to be determined as prescribed in section 6, provided that application is made within 5 years after the land is taken. (R.S. c. 1, Secs. 8, 10.)
SEC. 8 Land surveyed; plan, etc., to be filed and recorded.--When
the governor and council determine that a public exigency requires the taking of any land or rights as provided for in section 7, they shall cause the same to be surveyed, located and so described that the same can be identified, and a plan thereof, with a copy of the order in council, shall be filed in the office of the secretary of state and there recorded. The filing of said plain and copy shall vest the title to the land and rights aforesaid, in the state of Maine or their grantees, to be held during the pleasure of the state and, if transferred to the United States, during the pleasure of the United States. (R.S. c. 1, Sec. 9)
154
SEC. 9. Consent of legislature to acquisition by United States of
land within the state for public buildings; record of conveyances.--In accordance with the constitution of the United States, Article 1, Section VIII, Clause 17, and acts of congress in such cases provided, the consent of the legislature is given to the acquisition by the United States, or under its authority, by purchase, condemnation or otherwise, of any land in this state required for the erection of lighthouses or for sites for customhouses, courthouses, post offices, arsenals or other public buildings, or for any other purposes of the government, deeds and conveyances or title papers for the same shall be recorded upon the land records of the county or registry district in which the land so conveyed may lie; and in like manner may be recorded a sufficient description by metes and bounds, courses and distances, of any tracts and legal divisions of any public lands belonging to the United States set apart by the general government for either of the purposes before mentioned, by an order, patent or other official paper so describing such land. (R.S. c. 1, Sec. 11)
SEC. 10. Jurisdiction ceded to United States over land acquired
for public purposes; concurrent jurisdiction with United States retained.--Exclusive jurisdiction in and over any land acquired under the provisions of this chapter by the United States shall be, and the same is ceded to the United States for all purposes except the service upon such sites of all civil and criminal processes of the courts of this state; provided that the jurisdiction ceded shall not vest until the United States of America has acquired title to such land shall remain the property of the United States, and no longer; such jurisdiction is granted upon the express condition that the state of Maine shall retain a concurrent jurisdiction with the United States on and over such lands as have been or may hereafter be acquired by the United States so far as that all civil and criminal process which may lawfully issue under the authority of this state may be executed thereon in the same manner and way as if said jurisdiction had not been ceded, except so far as said process may affect the real or personal property of the United States. (R.S. c. 1, Sec. 12.)
SEC. 12. Relinquishment to United States to title to land for
erection of lighthouses, forts, etc., when title cannot otherwise be obtained; disposal of purchase money.--Whenever, upon application of an authorized agent of the United States, it is made to appear to any justice
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of the superior court that the United States desires to purchase a
tract of land and the right of way thereto, within the state, for the
erection of a lighthouse, beacon light, range light or light keeper's
dwelling, forts, batteries or other public buildings, and that any
owner is a minor, or is insane, or is from any cause incapable of
making perfect title to said lands, or is unknown, or a nonresident,
or from disagreement in price or any other cause refuses to convey
such land to the United States, said justice shall order notice of
said application to be published in some newspaper in the county where
such land lies, if any, otherwise in a paper in this state nearest to
said land, once a week for 3 weeks, which notice shall contain an
accurate description of said land, with the names of the supposed
owners, provable in the manner required for publications of notice in
chapter 112, and shall require all persons interested in said land on
a day specified in said notice to file their objections to the
proposed purchase, and at the time so specified a justice of said
court shall empanel a jury, in the manner provided for the trial of
civil actions, to assess the value of said land at its fair market
value and all damages sustained by the owner of such land by reason of
such appropriation; which amount when so assessed, with the entire
costs of said proceedings, shall be paid into the treasury of said
county, and thereupon the sheriff thereof, upon the production of the
certificate of the treasurer that said amount has been paid, shall
execute to the United States and deliver to its agent a deed of said
land, reciting the proceedings in said cause, which deed shall convey
to the United states a good and absolute title to said land against
all persons. The money paid into such county treasury shall there
remain until ordered to be paid our by a court of competent
jurisdiction. (R. S. c.1, Secs. 14,15.)
MARYLAND
The Annotated Code of Maryland, Edition of 1951, article 16,
section--
An. Code, 1939, sec. 39, 1924, sec. 37A. 1927, chs. 225 and 494. 1947,
ch. 849, sec. 39
32. All persons residing on property lying within the physical
boundaries of any county of this State or within the boundaries of the City of Baltimore but on property over which jurisdiction is exercised by the Government of the United States by virtue of the 17th clause, 8th section of first article of the Constitution of the United States, and section 31 and 35 of article 96 of the Annotated Code of the Public Laws of Maryland, shall be considered as residents of the State of Mary land and of the County or City of Baltimore, as the case may be, in which the land is situate for the purpose of jurisdiction in the
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Courts of Equity of this State in all applications for divorce and for
annulment of marriage.
Article 96, sections--
An. Code, 1939, sec. 1. 1924, sec. 1. 1912, sec. 1. 1888, sec. 1. 1874, ch. 193, sec. 1
1. The consent of the State is given to the purchase by the government of the United States, or under the authority of the same, of any tract, piece or parcel of land not exceeding five acres, from any individual or individual, bodies politic or corporate within the boundaries or limits of the State, for the purpose of erecting thereon light-houses, beacons and other aids to navigation; and all deeds and conveyances of title papers for the same shall be recorded, as in other cases, upon the land records of the county in which the lands so conveyed may lie; the consent herein given being in accordance with the seventeenth clause of the eighth section of the first article of the constitution of the United States and with the acts of Congress in such cases made and provided.
An. Code, 1939, sec 2. 1924, sec. 2. 1912, sec, 2. 1904, sec. 2 1888, sec. 2. 1874, ch. 193, sec. 2
2. With respect to land covered by the navigable waters within the limits of the State, and on which a lighthouse, beacon or other aid to navigation has been built, or is about to be built, the governor of the State, on application of an authorized agent of the United States, setting forth a description of the site required, is authorized and empowered to convey the title to the United States, and to cede jurisdiction over the same; provided, no single tract shall contain more then five acres.
An. Code, 1939, sec. 3. 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1874, ch. 193. sec. 3
3. The lots, parcels or tracts of land so ceded to the United States, together with the tenements and appurtenances, for the purpose before mentioned, shall be held exempt from taxation by the State of Maryland.
An. Code, 1939, sec. 4. 1924, sec. 4. 1912, sec. 4. 1904, sec. 4. 1888, sec. 4, 1888, sec. 4. 1874. ch. 192, sec. 4
4. This State shall retain concurrent jurisdiction with the United States in and over the tracts of land aforesaid, so that criminal and civil processes, issued under the authority of the State by any officer thereof, may be executed on said lands and in the buildings that may be erected thereon, in the same way and manner as if jurisdiction had not been ceded; and exclusive jurisdiction shall revert to and revest in this State whenever the said tract of land shall permanently cease to be
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used and occupied by the United States for any of the purposes
heretofore enumerated.
An. Code, 1939, sec. 5. 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1874, ch. 395, sec. 1
5. Whenever the United States are desirous of purchasing or procuring the title to any tract, piece or parcel of lad within the boundaries or limits of this State, for the purpose of erecting thereon any lighthouse, beacon-light, range-light, light-keeper's dwelling, forts, magazines, arsenals, dockyards, buoys, public piers, or necessary public buildings or improvements connected therewith, and cannot agree with the owner thereof as to the price and for the purchase thereof; or it the owner be feme covert, under age, non compos mentis, or of the county wherein the said land lies, or for any other cause is incapable of making a perfect title to said lands, the United States, by any agent authorized under the hand and seal of any member of the president's cabinet, may apply by petition in writing to the circuit court for the county where the land lies; which petition shall be filed with the clerk of said court, to have the said land condemned for the use and benefit of the United States; and any such agent of the United States may, for the purpose of ascertaining its bounds and quantity, enter upon the lands, without injury thereto, which the United States may desire to purchase for any of the purposes aforesaid.
An. Code, 1939, sec. 17. 1924, sec. 17. 1912, sec. 17. 1904, sec. 17 1888, sec. 17. 1874, ch. 305, sec. 13
17. Jurisdiction is hereby ceded to the United States over such lands as shall be condemned as aforesaid for their use for public purposes, as soon as the same shall be condemned, under the sanction of the general assembly of this State hereinbefore given to said condemnation; provided, always, that this State shall retain concurrent jurisdiction with the United States in and over all lands condemned under the provisions of this Article, so far as that all processes, civil and criminal, issuing under the authority of this State, or any of the courts or judicial officers thereof, may be executed on the premises so condemned, and in any building erected or to be erected thereon, in the same way and manner as if this Article had not been passed; and exclusive jurisdiction shall revert to and revest in the State whenever the said premises shall cease to be owned by the United States and used for some of the purposes mentioned in this Article.
An. Code, 1939, sec. 18. 1912, sec. 18. 1904, sec. 18. 1888, sec. 18. 1874, ch. 395, sec. 14
18. All the lands that may be condemned under the provisions of this
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Article, and the buildings and improvements erected or to be erected
thereon, and the personal property of the United States, and of the
officers thereof, when upon said land, shall be exonerated and
exempted from taxation for state and county purposes, so long as the
said land shall continue to be owned by the United States and used for
any of the purposes specified in this Article, and no longer.
An. Code, 1939, sec. 19. 1924, sec. 19. 1912, sec. 19. 1904, sec. 19. 1900, ch. 67, sec. 19
19. The consent of the State is given to the purchase by the government of the United States, or under the authority of the same, from any individual or individuals, bodies politic or corporate, of any tract, piece or parcel of land within the boundaries or limits of the State for the purpose of erecting thereon forts, magazines, arsenals, coast defenses or other fortifications of the United States, or for the purpose of erecting thereon barracks, quarters and other needful buildings for the use of garrisons required to man such forts, magazines, arsenals, coast defenses or fortifications; and all deeds and title papers for the same shall be recorded as in other cases upon the land records of the county in which the land so conveyed may be; the consent herein given being in accordance with the seventeenth clause of the eighth section of the first article of the constitution of the United States and with the acts of congress in such cases made and provided.
An. Code, 1939, sec. 21. 1924, sec. 21. 1912, sec.21. 1904, sec. 21. 1900, ch. 97, sec. 21
24. The provisions of sections 17 and 18 of this Article shall apply to all property or lands purchased or acquired by the United States under the provisions of Sections 19 and 20 of this Article.
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An. Code, 1939, sec. 23. 1924, sec. 28, 1912, sec. 28. 1904, sec. 26. 1902, ch. 263, secs. 1, 2. 1904, ch. 357, secs. 1, 2. 1908, ch. 194
28. The jurisdiction of the State of Maryland is hereby ceded to the United States of America over so much land as has been or may be hereafter acquired for public purposes of the United States; provided, that the jurisdiction hereby ceded shall not vest until the United States of America shall have acquired the title to the lands, by grant or deed, from the owner or owners thereof, and evidences thereof shall have been recorded in the office where, by law, the title to said land is required to be recorded and the United States of America are to retain such jurisdiction so long as such lands shall be for the purposes in this section mentioned, and no longer; and such jurisdiction is granted upon the express condition that the State of Maryland shall retain a concurrent jurisdiction with the United States in and over the said lands, so far as that civil process in all cases not affecting real or personal property of the United States, and such criminal or other process as shall issue under the authority of the State of Maryland against any person or persons charged with crimes or misdemeanors committed within or without the limits of said lands may be executed therein, in the same way and manner as if no jurisdiction had been hereby ceded. All lands and tenements which may be granted as aforesaid to the United States shall be and continue so long as the same shall be used for the purposes in this section mentioned, exonerated and discharged from all taxes, assessment and other charges which may be imposed under the authority of the State of Maryland; provided, however, that the rights of citizenship and other rights as residents of Charles County of persons domiciled on land owe by the United States at Indian Head shall be continued and enjoyed by them to the same extent as now provided by law for persons domiciled at the Naval Academy at Annapolis as residents of Anne Arundel County.
An. Code, 1939, sec. 31. 1924, sec. 31 1912, sec. 31. 1906, ch. 743, sec. 1
31. The consent of the State of Maryland is hereby given in accordance with the seventeenth clause, eighth section of the first article of the constitution of the United States, to the acquisition by the United States by purchase, condemnation or otherwise of any land in this State required for sites for custom houses, courthouses, post offices, arsenals or other public buildings, whatever, or for any other purposes of the government.
An. Code, 1939, sec. 32. 1924, sec. 32. 1912, sec. 32. 1906, ch. 743, sec. 2
35. Exclusive jurisdiction in and over any land so acquired by the United States shall be and the same is hereby ceded to the United States for all purposes except the service upon such sites of all civil
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and criminal process of the courts of this State, but the jurisdiction
so ceded shall continue no longer than the said United States shall
own such lands. An. Code. 1939, sec. 33. 1924, sec. 33. 1912, sec. 33.
1906, ch. 743, sec. 3
26. The jurisdiction ceded shall not vest until the United States shall have acquired the title to said lands by purchase, condemnation or otherwise; and so long as the said lands shall remain the property of the United States when acquired as aforesaid, and no longer, the same shall be and continue exempt and exonerated from all State, county and municipal taxation, assessment, or other charges which may be levied or imposed the authority of this State.
1947 Supp., sec. 41. 1943, ch. 687
46. Notwithstanding anything contained in any of the sections of
this Article to the contrary the State of Maryland hereby reserves as to all lands within the State hereafter acquired by the United States or any agency thereof, whether by purchase, lease, condemnation or otherwise, and as to all property, persons and transactions on any such lands, jurisdiction and authority to the fullest extent permitted by the Constitution of the United States and not inconsistent with the Governmental uses, purposes, and functions for which the land was acquired or is used. Nothing in this section shall be deemed or construed to restrict the jurisdiction and authority of the State over any lands heretofore acquired by the United States, or any agency thereof, or over property, persons or transactions on any such lands.
Laws of the State of Maryland, 1955--
CHAPTER 622 (House Bill 23)
An act to repeal and re-enact with amendments, Sections 76, 77, 78, 81, 82, 83, 84 and 91 of Article 16 of the Annotated Code of Maryland (1951 Edition and 1954 Supplement), title "Chancery", sub-title "Adoption", and to add new Section 80A to said Article and sub-title, to follow immediately after Section 80 thereof, generally revising the adoption laws of the State, and relating to adoption procedure, and correcting certain wording therein
SECTION 1. Be it enacted by the General Assembly of Maryland: That Sections 76, 77, 78, 81, 82, 83, 84 and 91 of Article 16 of
the Annotated Code of Maryland (1951 Edition and 1954 Supplement), and re-enacted, with amendments, and that new Section 80A be and it is hereby added to said Article and sub-title, to follow immediately after Section 80 thereof, all to read as follows:
ADOPTION
* * *
78. (Federal Reservations.) All persons residing or stationed for not less than ninety (90) days next preceding the filing of a petition
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on property lying within the physical boundaries of any county of this
State or within the boundaries of the City of Baltimore, but on
property over which jurisdiction is exercised by the Government of the
United States by virtue of the 17th Clause, Section 8 of Article 1 of
the Constitution of the United States, and of Sections 31 and 35 of
Article 96 of this Code, shall be considered as residents of the State
of Maryland and of the county or City of Baltimore, as the case may
be, in which the land is situate, for the purposes of jurisdiction in
the courts of equity of this State in all petitions for adoption.
MASSACHUSETTS
The General Laws of the Commonwealth of Massachusetts,
Tercentenary Edition, 1932, title 1, chapter 1, sections--
SECTION 2. The sovereignty and jurisdiction of the commonwealth
shall extend to all places within its boundaries subject to the concurrent jurisdiction granted over places ceded to or acquired by the United States.
SECTION 6. The department, with the approval of the governor and
council, may, upon the application of an agent of the United States, in the name and behalf of the commonwealth, convey to the United States the title of the commonwealth to any tract of land covered by navigable waters and necessary for the purpose of erecting a lighthouse, beacon light, range light or other aid to navigation, or light keeper's dwelling; but such title shall revert to the commonwealth if such land ceases to be used for such purpose.
SECTION 7. The United States shall have jurisdiction over any
tract of land within the commonwealth acquired by it in fee for the following purposes: for the use of the United States bureau of fisheries, or for the erection of a marine hospital, custom office, post office, life-saving station, lighthouse, beacon light, range light, light keeper's dwelling or signors; provided, that a suitable plan of such tract has been or shall be filed in the office of the state secretary within one year after such acquisition of title thereto. But the commonwealth shall retain concurrent jurisdiction with the United States in and over any such tract of land to the extent that all civil and criminal processes issuing under authority of the commonwealth may be executed thereon as if there had been no cession of jurisdiction, and exclusive jurisdiction over any such tract shall revest in the commonwealth if such tract ceases to be used by the United States for such public purpose.
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MICHIGAN
The Compiled Laws of the State of Michigan, 1948 Act 3, 1942 (1st Ex. Sec.) p. 11; Imd. Eff. Jan. 28
An act to cede jurisdiction to the United States over certain lands, and for the purchase and condemnation thereof; and to repeal all acts and parts of acts inconsistent with this act
The People of the State of Michigan enact:
3.201 Ceding of jurisdiction to federal government of needed
property.--SEC. 1. The consent of the state of Michigan is hereby given in accordance with the seventeenth clause, eighth section, of the first article of the constitution of the United States, to the acquisition by the United States, by purchase, condemnation or otherwise, of any land in this state which has been, or may hereafter be acquired for forts, magazines, arsenals, dockyards and other needful buildings.
3.202 Same; transfer of jurisdiction; exemption from taxation.--
SEC. 3. That whenever the United States of America desire to acquire title to land belonging to the state of Michigan including land which is now or has in the past been covered by the navigable waters of the United States of America, for sites or for any improvement or addition to any government area, reservation,
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or other station including but not limited to military or naval
reservations or stations, lighthouses, beacons, or other aids to
navigation and/or aeronautics or for the building of sea walls,
breakwaters, ramps, and piers, and application is made by a duly
authorized agent of the United States, describing the site required
for one of the purposes aforesaid, then the governor of the state is
authorized and empowered to convey the title to the United States, and
to cede to the United States jurisdiction over the same: Provided, The
state shall retain concurrent jurisdiction so far that all process,
civil or criminal, issuing under the authority of the state, may be
executed by the proper officers thereof upon any person or persons
amenable to the same within the limits of land so ceded, in like
manner and to like effect as if this act had never been passed.
Act 5, 1874,p. 5; Imd. Eff. March 24
An act to cede jurisdiction to the United States on certain land, and for the purchase and condemnation thereof
The People of the State of Michigan enact:
3.321 Purchase or condemnation of lands by the United States.--SEC.
1. That the United States of America shall have power to purchase or to condemn in the manner prescribed by its laws, upon making just compensation therefor, land in the state of Michigan required for custom houses, arsenals, lighthouses, national cemeteries, or for other purposes of the government of the United States.
History: How. 5202.--C.L. 1897, 1149.--C.L. 1915, 234.--C.L. 1929, 410.
3.322 Same; entry, exclusive legislation,concurrent jurisdiction, exemption from taxes.--SEC. 2. The United States may enter upon and occupy any land which may have been, or may be purchased, or condemned, or otherwise acquired, and shall have the right of exclusive legislation, and concurrent jurisdiction together with the state of Michigan, over such land and the structures thereon, and shall hold the same exempt from all state, county and municipal taxation.
Act 52, 1871, p. 63; Imd. Eff. March 29
An act ceding the jurisdiction of this state over certain lands owned by the United States
The People of the State of Michigan enact:
3.341 Jurisdiction ceded to United States; execution of process.--
SEC. 1. That the jurisdiction of this state is hereby ceded to the
United States of America, over all such pieces or parcels of land
within the limits of this state, as have been or shall hereafter be
selected and acquired by the United States, for the purpose of
erecting post offices, custom houses or other structures exclusively
owned by the general
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government, and used for its purposes: Provided, That an accurate
description and plat of such lands so acquired, verified by the oath
of some officer of the government having knowledge of the facts, shall
be filed with the governor of this state: And provided further, That
this cession is upon the express condition that the state of Michigan
shall so far retain concurrent jurisdiction with the United States, in
and over all lands acquired or hereafter acquired as aforesaid, that
all civil and criminal process issued by any court of competent
jurisdiction or officers having authority of law to issue such
process, and all orders made by such court, or any judicial officer
duly empowered to make such orders, and necessary to be served upon
any person, may be executed upon said lands, and in the buildings that
may be erected thereon, in the same way and manner, as if jurisdiction
had not been ceded, as aforesaid.
3.342 Lands exempt from taxes.--SEC. 2. The lands aforesaid,
when so acquired, shall forever be exempt from all taxes and assessments, so long as the same shall remain the property of the United States.
MINNESOTA
Minnesota Statutes Annotated sections--
1.041 Concurrent jurisdiction of state and United States.--
Subdivision 1. Rights of State.--Except as otherwise expressly provided, the jurisdiction of the United States over any land or other property within this state now owned or hereafter acquired for national purposes is concurrent with and subject to the jurisdiction and right of the state to cause its civil and criminal process to be executed therein, to punish offenses against its laws committed therein, and to protect, regulate, control, and dispose of any property of the state therein.
Subd. 2. Land exchange commission may concur.--In any case not
otherwise provided for, the consent of the State of Minnesota to the acquisition by the United States of any land or right or interest therein, in this state desired for any authorized national purpose, with concurrent jurisdiction as defined in subdivision 1, may be given by concurrence of a majority of the members of the Land Exchange Commission created by the Constitution of the State of Minnesota, Article 8, Section 8, upon finding that such acquisition for such consent is made by an authorized officer of the United States, setting forth a description of the property, with a map when necessary for proper identification thereof, and the authority for, purpose of , and method used or to be used in acquiring the same. The commission may pre-
165
scribe the use of any specified method of acquisition as a condition
of such consent.
In case of acquisition by purchase or gift, such consent shall be
obtained prior to the execution of any instrument conveying the lands involved or any interest therein to the United States. In case of condemnation, such consent shall be obtained prior to the commencement of any proceeding therefor.
1.042 Consent of state.--Subdivision 1. Given for Certain
Purposes. The consent of the State of Minnesota is hereby given in accordance with the Constitution of the United States, Article I, Section 8, Clause 17, to the acquisition by the United States in any manner of any land or right or interest therein in this state required for sites for customs houses, courthouses, hospitals, sanatoriums, post-offices, prisons, reformatories, jails, forestry depots, supply houses, or offices, aviation fields or stations, radio stations, military or naval camps, bases, stations, arsenals, depots, terminals, cantonments, storage places, target ranges, or any other military or naval purpose of the United States.
Subd. 2. Jurisdiction ceded to United States. So far as
exclusive jurisdiction in or over any place in this state now owned or hereafter acquired by the United States for any purpose specified in subdivision 1 is required by or under the constitution or laws of the United States, such jurisdiction is hereby ceded to the United States, subject to the right of the state to cause its civil and criminal process to be executed on the premises, which right is hereby reserved to the state. When the premises abut upon the navigable waters of this state, such jurisdiction shall extend to and include the under- water lands adjacent thereto lying between the line of low-water mark and the bulkhead or pier-head line as now or hereafter established.
1.043 When jurisdiction vests.--The jurisdiction granted or
ceded to the United States over any place n the state under section 1.041 or section 1.042 shall not vest until the United States has acquired the title to or right of possession of the premises affected, and shall continue only while the United States owns or occupies the same for the purpose or purposes to which such jurisdiction appertains as specified in those sections.
1.046 Evidence of consent.--The consent of the state given by or
pursuant to the provisions of sections 1.041 to 1.048 to the acquisition by the United States of any land or right or interest therein in this state or to the exercise of jurisdiction over any place in this state shall be evidenced by the certificate of the governor, which shall be issued in duplicate, under the great seal of the state, upon application by an authorized officer of the United States and upon proof that title to the property has vested in the United States. The certificate shall
166
set forth a description of the property, the authority for, purpose
of, and method use in acquiring the same, and the conditions of the
jurisdiction of the state and the United States in and over the same,
and shall declare the consent of the state thereto in accordance with
the provisions of sections 1.041 to 1.048, as the case may require.
When necessary for proper identification of the property a map may be
attached to the certificate, and the applicant may be required to
furnish the same. One duplicate of the certificate shall be filed
with the secretary of state. The other shall be delivered to the
applicant, who shall cause the same to be recorded in the office of
the register of deeds of each county in which the land or any part
thereof is situated.
MISSISSIPPI
Mississippi Code 1943, Annotated, title 17, chapter 11, sections-
-Sec. 4153. United States may acquire land for certain purposes.--The consent of the state of Mississippi is given, in accordance with the 17th clause, 8th section, and of the 1st article of the Constitution of the United States, to the acquisition by the United States, by purchase, condemnation or otherwise, of any land in this state which has heretofore been or may hereafter be acquired for custom houses, post officers, or other public buildings.
Sec. 4154. Jurisdiction.--The exclusive jurisdiction in and over
any land which has heretofore been, or may hereafter be, so acquired by the United States is hereby ceded to the United States for all purposes, except that the state retains the right to serve thereon all civil and criminal processes issued under authority of the state; but the jurisdiction so ceded shall continue no longer than the United States shall own such lands, for the purposes hereinabove set forth.
Sec. 4155. Tax exemption.--The jurisdiction ceded as aforesaid
shall not vest until the United States shall have acquired the title to the said lands by purchase, condemnation, or otherwise; and so long as the said lands shall remain the property of the United States when acquired as aforesaid, and no longer, the same shall be exempt from all state, county and municipal taxation, assessment, or other charges which may be levied or imposed under authority of the state.
Sec. 4157. May cede jurisdiction to United States for certain
purposes.--The governor, upon application made to him in writing, on behalf of the United States, for the purpose of acquiring and holding lands or using any part of a public road of any county within the limits of this state, for the purpose of making, building, or construction levees, canals, or any other works in connection with the improvement of rivers and harbors, or as a site for a fort, magazine, arsenal, dockyard, courthouse, custom house, lighthouse, post office, or other needful
167
buildings, or for the purpose of locating and maintaining national
military parks, or for any other public works or purposes accompanied
by proper evidence of the purchase of such lands, or the consent of
the board of supervisors of the proper county for such public roads to
be used for said purpose, is authorized for the state to cede
jurisdiction thereof to the United States for the purpose of the
cession and none other.
Sec. 4158. Restrictions on cession.--The concession of
jurisdiction to the United States over any part of the territory of the state, heretofore or hereafter made, shall not prevent the execution on such land of any process, civil or criminal, under the authority of this state, nor prevent the laws of this state from operating over such land; saving to the United States security to its property within the limits of the jurisdiction under the authority of this state during the continuance of the cession.
Title 23, chapter 2, section--
Sec. 5926. Federal regulations, etc.--Consent is hereby given to
the making by Congress of the United States, or under its authority, of all such rules and regulations as the Federal Government shall determine to be needful in respect to game animals, game and nongame birds, and fish on such lands in the State of Mississippi as shall have been, or may hereafter be, purchased by the United States under the terms of the Act of Congress of March 1, 1911, entitled "An Act to enable any State to cooperate with any other State or with the United States for the protection of the watersheds of navigable streams and to appoint a Commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers," and Acts of Congress supplementary thereto and amendatory thereof, and in or on the waters thereof.
The Director of Conservation of the State of Mississippi shall
have the right and authority to enter into a cooperative agreement with the United States Government, or with the proper authorities thereof, for the protection and management of the wild life resources of the national forest lands within he State of Mississippi and for the restocking of the same with desirable species of game, birds, and other animals, and fish.
The Director of conservation of the State of Mississippi shall
have authority to close all hunting and fishing within said lands so contracted for with the Federal Government for such period of time as may, in the opinion of the director of conservation, be necessary; shall have authority from time to time to prescribe the season for hunting or fishing therein, to fix the amount of fees required for special hunting licenses and to issue said licenses, to prescribe the number of animals and game, fish and birds that shall betaken therefrom and the
168
size thereof, and to prescribe the conditions under which the same may
be taken.
Any person violating any of the rules so promulgated by the
director of Conservation, or who shall hunt or fish on said lands at any time, other than those times specified by the said Director of Conservation, shall upon conviction therefor be fined no less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars, or imprisonment for not less than ten days nor more than thirty days for each and every offense.
Title 23, chapter 5, section--
Sec. 5964. Counties may donate rights of way--easements, etc.--
The boards of supervisors of any county within the State of Mississippi through which or adjoining which the United States Government or any of its agencies desired to construct a roadway or a roadway and parkway in connection therewith, shall have full power to donate such rights of way, together with scenic easements of such additional lands as may be required by the United States Government for the purpose of constructing such roadway and parkway. Any and all counties in the State of Mississippi are authorized to receive by donation,gift,will,or by purchase with county funds any and all necessary lands, rights of way or scenic easements,and after the acquisition of such lands or scenic easements may, by resolution or deed or other authorization of the board of supervisors of such county, convey same to the United States or to such subordinate agency of the United States as may be required for the establishment of such roadway and parkway. The board of supervisors of any county in the State of Mississippi is hereby expressly vested with the power of eminent domain to condemn for public use as a park and for scenic easement all lands adjoining such public park or parkway and for road or roadways and to acquire title to all or any part of the lands which such board of supervisors may deem necessary for the purposes of complying with the requirements of the United States Government in the establishment of any national roadway or parkway through the State of Mississippi and that such right of condemnation shall include the right to condemn houses, out buildings, orchards, yards, gardens, and other improvement on such lands and all or any right, title, or interest in and to all or any part of such lands and the improvements thereon by the right of eminent domain in condemnation proceedings or by gift,devise purchase, or any other lawful means for the transfer of title; and such condemnation proceedings shall be carried out and executed as are condemn nation proceedings by the Highway Department of the State of Mississippi as authorized under the laws of the State of Mississippi. The United States Government,
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or any of its subsidiary agencies, shall have complete control and
supervision, severally or in connection with any county or counties in
the State of Mississippi or with the Highway department of the State
of Mississippi with full power and authority to locate, relocate,
widen, alter, change, straighten, construct, or reconstruct roads or
rights of way, parkways or lands covered by scenic easements on any
Federal parkway, highway, or trace being constructed by the United
States Government or any of its subsidiary subdivision or severally or
jointly with any county or counties in the State of Mississippi or
with the State Highway department of the State of M