Imágenes de páginas
PDF
EPUB

structures for naval purposes, or for the establishment of fish or lobster cultural stations or hatcheries or the erection or construction of other needful buildings connected therewith, or for the erection or construction of piers, wharves, dams, or other structures for use in connection with said fish or lobster cultural stations or hatcheries. This section also requires the recording of all title papers. By Section 9, the right is reserved to serve civil and criminal process of the State courts.

RHODE ISLAND CASE: United States v. Cornell, 25 Fed. Cas. 646, No. 14867.

SOUTH CAROLINA

By act approved February 11, 1871 (Session Laws of 1871, Chap. 14, page 535), the jurisdiction of the State is ceded to the United States over so much land as is necessary for the public purposes of the United States. It is provided, however, that such jurisdiction shall not vest until the United States shall have acquired the title to the lands by grant or deed from the owner or owners thereof, and the evidence thereof shall have been recorded in the office, where, by law, the title to such land is recorded. The right is reserved to serve civil and criminal process of the State courts.

By act approved February 19, 1908 (Session Laws of 1908, XXV, 1127), the consent of the State is given to the acquisition by the United States by purchase, condemnation or otherwise, of any lands required for sites for custom houses, court houses, post offices, arsenals or other public buildings whatever, or for any other purposes of the Government. Exclusive jurisdiction is expressly ceded to the United States over lands so acquired reserving the right to serve civil and criminal process of the State courts. See Code of Laws, S. C. 1932, Sec. 2042, Chap. 93, Title 23, Vol. II.)

SOUTH CAROLINA CASE: 8 Atty. Gen. 102.

SOUTH DAKOTA

An act of the Legislature of South Dakota approved February 18, 1891 (Laws of South Dakota, 1891, Chap. 95, page 224), gave the consent of the State to the purchase by the United States of any tract, piece or parcel of land from any individual, individuals or bodies politic or corporate for the purpose of erecting needful public buildings of whatever kind or character. The act requires the filing of title papers in the county in which the land is situated and also provides that there may be recorded a sufficient description by metes and bounds, courses and distances, of lands belonging to the United States which may be set apart for any of the purposes above mentioned, by order, patent or other official documents or papers describing said land.

By another act approved February 18, 1891 (Laws of South Dakota, 1891, Chap. 96, page 225), jurisdiction is ceded to the United States over so much land as may be necessary and appurtenant to any site or sites for the erection, construction and maintenance of any and all needful United States Government buildings, not to exceed ten acres in each site so selected, reserving to the State the right to serve civil and criminal process of the State courts. This act required the filing with the Secretary of the State of South Dakota of a map of the territory so selected.

By act approved March 12, 1895 (Laws of South Dakota, 1895, Chap. 129, page 148), the United States is granted the power to purchase or condemn any land in the State required for public works or other purposes of the Government of the United States and jurisdiction of the State over such land is expressly ceded to the United States. The right to serve civil and criminal process of the State courts is reserved.

The substance of the foregoing acts are incorporated in Secton 55.0102 of South Dakota Code of 1939, which gives the consent of the legislature to the purchase or condemnation by the United States of any tracts of land within the State owned by any natural person or private corporation required by the United States for any public building, public works or other public purposes; provided that in the case of public buildings, such tract shall not exceed ten acres in extent. The right is reserved to serve civil and criminal process of the State courts.

A map of any lands so acquired shall be filed and recorded in the office of the Secretary of State, and the evidence of the United States' title shall be recorded in the county wherein the land is situated as in other cases relating to the transfer of real property.

SOUTH DAKOTA CASE: McMahon v. Polk, 10 S. D. 296, 73 N. W. 77.

TENNESSEE

No general State cession statute now in force. An act approved April 12, 1895 (Tennessee Laws, 1895, Chap. 110), consented to the purchase by the United States and ceded exclusive jurisdiction over and with respect to any lands which shall be acquired for any of the purposes described in Article 1, Section 8, Clause 17 of the Constitution. This act was incorporated in Sections 98 and 99 of Williams' Tennessee Code, Annotated, 1934, but, by act of January 27, 1943, the General Assembly of the State of Tennessee repealed said Sections 98 and 99.

TENNESSEE CASES: State v. Willett, 117 Tenn. 334, 97 S. W. 299; Gill V. State, 141 Tenn. 379, 210 S. W. 637; State v. Oliver, 162 Tenn. 100, 35 S. W. (2) 396.

TEXAS

An act of the Legislature of Texas approved April 22, 1905 (Texas Laws, 1905, page 101), which appears in substance as Article 5242, Vernon's Texas Statutes, 1936 Edition, provides that the United States may purchase, acquire, hold, own, occupy and possess such lands within the State as it deems expedient and may seek to occupy and hold as sites on which to erect and maintain light houses, forts, military stations, magazines, arsenals, dockyards, custom houses, post offices and all other needful public buildings, and for the purposes of erecting and constructing locks and dams for the straightening of streams by making cut-offs, building levees, and for the erection of any other structures or improvements that may become necessary in developing or improving the water ways, rivers, and harbors of the State. Article 5246 provides that all conveyances and other instruments vesting title in such lands in the United States shall be recorded in the land records of the county where the land is situated or in the county to which such county may be attached for judicial purposes. Article_5247 provides for cession of jurisdiction of such lands by the Governor. Early Texas statutes ceding jurisdiction to the United States: Act of May 11, 1846 (Texas Laws, 1846, page 219); Act of December 19, 1849 (Texas Laws, 1849, page 12); Act of February 13, 1854 (Texas Laws, 1854, page 102); Act of April 4, 1871, (Texas Laws, 1871, page 18).

TEXAS CASES: United States v. Meagher, 37 Fed. 875; Baker v. State, 47 Tex. Cr. App. 482, 83 S. W., 1122; Curry v. State, 111 Tex. Cr. App. 264, 12 S. W. (2) 796; Grayberg Oil Co. v. State, 286 S. W. 489; Lasher V. State, 30 Texas Appeals 387; Texas v. White, 7 Wall. 700.

UTAH

By act of the Legislature of Utah approved February 20, 1903 (Laws of Utah, 1903, Chap. 14, page 9), jurisdiction is ceded to the United States over all lands or territory within the State which has been or may be hereafter acquired by the United States for the purpose of sites for public buildings of every kind whatever authorized by Congress, with the right reserved to execute criminal and civil process of the State. The act authorizes the Governor to execute all proper conveyances of cession granted upon request of the United States.

The foregoing act is carried without material change in Sections 27-0-1 and 27-0-2 of Utah Annotated Code, 1943.

UTAH CASES: United States v. Utah, 283 U. S. 64, 51 S. Ct. 438; Utah Light and Power Company, 243 U. S. 389, 404.

VERMONT

The cession statute of the State of Vermont is found in Sections 51 and 52, Chap. 3, Title 3, Public Laws of Vermont, 1933. In Section 51, consent is given to the purchase of lands for the purposes described in Article 1, Secton 8, Clause 17 of the Constitution of the United States, and exclusive jurisdiction is ceded to the United States in respect to and over so much land as the United States has or may acquire for such purposes. It is provided that the deed or other conveyances shall contain a description by metes and bounds and shall be recorded in the Town Clerk's office in which such lands lie, or an accurate map or plan and description by metes and bounds of such lands shall be filed in such Clerk's office. The right is reserved to execute civil and criminal process of the State courts.

VIRGINIA

By act of the General Assembly approved March 16, 1918 (Acts of 1918, page 568), consent of the State was given to the acquisition by the United States by purchase, condemnation, lease or in any other manner whatsoever of any land or right or interest therein in the State required for sites for custom houses, court houses, post offices, arsenals, depots, terminals, cantonements, military or naval camps or bases or stations, aviation fields or stations, radio stations, storage places, target ranges or for any other military or naval purpose whatsoever of the Government. Exclusive jurisdiction was expressly ceded over lands so acquired whether before or after passage of the act, reserving the right to serve civil and criminal process of the State courts.

The foregoing act remained in force until March 28, 1936, when it was repealed by an act of that date (Laws of 1936, Chap. 382) which, appears as Section 19 of the Virginia Code of 1942, Annotated, and provides substantially as follows:

The conditional consent of the State is given to the acquisition by the United States by purchase, lease, condemnation or otherwise of any lands within the State, whether under water or not from any individual, firm, association or body corporate for sites for custom houses, court houses, post offices, arsenals, forts, naval bases, military or naval airports, or air plane landing fields or for any military or naval purposes, or other purposes embraced within the provisions of the Seventeenth Clause, of the Eighth Section of Article One of the Constitution of the United States.

The right is reserved by the State to levy taxes on oil, gasoline and all other motor fuels and lubricants thereon owned by others than the United States and a tax on the sale thereof, on said lands except sales to the United States for use in the exercise of essentially governmental functions.

The right is reserved to serve the criminal and civil process of the State courts and to license and regulate or to prohibit the sale of intoxicating liquors on any such land, and to tax all property, including buildings erected thereon, not belonging to the United States, and to require licenses and impose license taxes upon any business or businesses conducted thereon. The act expressly provides that "for all purposes of taxation and of the jurisdiction of courts of Virginia over persons, transactions, matters and property on said lands the said lands shall be deemed to be a part of the county or city in which they are situated."

The act expressly reserves to the Commonwealth exclusive governmental, judicial, executive and legislative powers and jurisdiction in all civil and criminal matters, except insofar as same may be in conflict with the jurisdiction and powers expressly ceded to the United States.

The provisions of the foregoing act of March 26, 1936, were modified by an act of April 1, 1940 (Virginia Acts, 1940, page 749), which grants the unconditional consent of the Commonwealth to the acquisition by purchase, lease, condemnation or otherwise of lands required as sites for post offices, reserving only the right to serve within such lands the civil and criminal process of the State courts.

VIRGINIA CASES: Foley v. Shriver, 81 Va. 568; Bank of Phoebus V. Byrum, 110 Va. 708, 67 $. E. 349; Únited States v. Penn, 48 Fed. 699; Ex parte Tatem, 23 Fed. Cas. 708, No. 13759; Cohens v. Virginia, 6 Wheat. 264, 426; Norfolk & P. B. L. R. R. Co. v. Parker, 152 Va. 484, 147 S. E. 461; United States v. McIntosh, 2 Fed. Sup. 244; United States V. McIntosh, 57 Fed. (2) 573; McIntosh v. United States, 70 Fed. (2) 507; Ralph Sollett and Sons Construction Co. v. Commonwealth, 161 Va. 854, 172 S. E. 290; Nikis v. Commonwealth, 144 Va. 618, 131 S. E. 236; Hastings v. Douglass, 249 Fed. 378; Buttery v. Robbins, 177 Va. 368, 14 S. E. (2) 544; 7 Atty. Gen. 628; 13 Atty. Gen. 418; Ferris v. Wilbur, 27 Fed. (2) 262; Western Union v. Chiles, 214 U. S. 274, 29 S. Ct. 613; Brook Horner & Co. v. Old Point Comfort Hotel Co., 54 Fed. 604. See 39 Atty. Gen. 285, discussing Virginia statute of March 6, 1936.

WASHINGTON

By Article XXV of the Constitution of Washington, 1889, the consent of the State was given to the exercise by the Congress of the United States of exclusive legislation in all cases whatsoever over such parcels or tracts of land as are now held or reserved by the Government of the United States

[ocr errors]

for the purposes of erecting or maintaining thereon forts, magazines, arsenals, dockyards, light houses and other needful buildings, provided that a sufficient description by metes and bounds and accurate map or plan of each tract or parcel of land be filed in the proper office of record in the county in which the same is situated together with copy of orders, deeds, patents or other evidence in writing of the title of the United States, reserving the right to execute civil and criminal process of the State courts.

By act of the Legislature of the State of Washington, approved January 23, 1890 (Washington Session Laws, 1889-90, page 22), consent was given to the purchase by the United States of land from any individual or individuals, bodies politic or corporate, for the purpose of erecting and maintaining thereon armories, arsenals, fortifications, mazagines, navy, yards, dockyards, custom houses, light houses, and other needful' buildings or establishments whatsoever. Like consent is given in the case of all such tracts or parcels of land as have been heretofore purchased by the Government of the United States or which have been or may hereafter be reserved by said Government, out of any public lands belonging to the United States for any of the purposes mentioned. The act requires the filing of sufficient description by metes and bounds and an accurate plan or map of each of such tracts or parcels of land be filed in the proper office of record in the county in which the same is situated, together with copies of orders, deeds, patents or other evidence in writing of the title of the United States. The right is reserved to serve civil and criminal process of the State courts.

By act approved February 24, 1891 (Washington Session Laws, 1891, Chap. 18, page 31), consent of the State was given to the acquisition by purchase or by condemnation of land for the sites for locks, dams, piers, breakwaters, keeper's dwellings and other necessary structures required in the improvement of the rivers and harbors of the State or bordering thereon, or for sites for forts, magazines, arsenals, docks, navy yards, naval stations or other needful buildings. The act required, recording of title papers in the land records of the county in which the land is situated together with a sufficient description by meter and bounds, courses and distances of any tract or tracts, legal divisions or subdivisions of any public land belonging to the United States which may be set apart by the general government for any or either of the purposes mentioned. The right is reserved to serve civil and criminal process of the State courts.

The foregoing acts of January 23, 1890, and February 24, 1891, were repealed by the act of March 15, 1939 (Laws of Washington, 1939, Chap. 126, page 357), by which consent of the State is given to the acquisition by the United States by purchase, lease, condemnation or otherwise of any land acquired or to be acquired from any individual, body politic or corporate, as sites for forts, magazines, arsenals, dockyards, and other needful buildings, whatever. Evidence of title shall be required as in other cases. The act expressly ceded concurrent jurisdiction with the State in and over any lands so acquired by the United States and provides that the jurisdiction so ceded shall continue no longer than the United States shall be the owner of such lands, and if the purposes of any grant to or acquisition by the United States shall cease, or the United States shall for five consecutive years fail to use any such land for the purposes of the grant of acquisition, the jurisdiction ceded shall cease and determine and the right and the title thereto shall revest in the State. The act also provides that jurisdiction heretofore ceded to the United States over any land within the State by any previous act of the legislature shall continue according to the terms of the respective cession, provided, that if jurisdiction so ceded by any previous act of the legislature has not been affirmatively accepted by the United States, or if the United States has failed or ceased to use any such lands for the purposes for which acquired, jurisdiction thereover shall be governed by the provisions of this act.

WASHINGTON CASES: Steele v. Halligan, 229 Fed. 1011; Rainier National Park Co. v. Martin, 18 Fed. Sup. 481; United States v. Holt, 168 Fed. 141; State Department of Labor and Industries, 167 Wash. 507, 10 P. (2) 213; Murray v. Gerrick and Co., 133 Wash. 365; 20 P. (2) 591; Silas Mason & Co. v. Tax Commission, 302 U. S. 186, 82 L. ed. 187, 58 S. Ct. 233; Ryan v. State Tax Commission, 188 Wash. 115, 61 P. (2) 1276; State ex rel. Grays Harbor Cons. Co. V. Department of Labor, 167 Wash. 507, 10 P. (2) 213; State ex rel. McKenzie v. Forrest, 11 Wash. 227, 39 P. 684; State v. Callvert, 33 Wash. 380, 74 P. 573; Concessions Co. V. Morris, 109 Wash. 46, 186 P. 655.

WEST VIRGINIA

By act of the Legislature of West Virginia approved December 25, 1875 (West Virginia Acts, 1875, Chap. 99, page 185), consent was given to the purchase, heretofore or hereafter, by the United States of any parcel of land (not exceeding 25 acres in any one place) for the purpose of erecting thereon light houses, beacons, works for improving navigation, post offices, custom houses, or any other needful public structures or works or improvements whatever. The act provides that all conveyances of title shall be recorded as in other cases in the land records of the county where the land is situated. The right to execute civil and criminal process of the State courts is reserved. The act, as amended by acts of March 16, 1881, and May 17, 1917, has been incorporated in Sections 3 and 4 of the West Virginia Code of 1931, which consents to the acquisition by the United States by purchase, lease, condemnation or otherwise of lands for sites for light houses, beacons, signal stations, post offices, custom houses, court houses, arsenals, soldiers' homes, cemeteries, locks, dams, armor plate manufacturing plants, projectile factories and factories of any kind or character, or any needful buildings or structures or providing grounds or works for the improvement of the navigation of any water course or for the conservation of the forest or for any other purpose for which the same may be needed or required by the Government of the United States. Evidence of title shall be recorded as in other

Concurrent jurisdiction in and over the land so acquired is exclusively ceded to the United States for all purposes. (See also Michie's West Virginia Code, 1937.)

WEST VIRGINIA CASE: James v. Dravo Contracting Co., 302 U. S. 134, 58 S. Ct. 208; 39 Atty. Gen. 291.

cases.

WISCONSIN

By act approved May 6, 1903 (Laws of Wisconsin, 1903, Chap. 70, page 354), consent of the State was given to the acquisition by the United States by purchase, condemnation or otherwise of any land in the State which has been or may hereafter be acquired for sites for custom houses, court houses, post offices, arsenals or other needful public buildings whatever, or for any other purposes of the Government, and exclusive jurisdiction was expressly ceded to the United States over land so acquired, with the right reserved to serve civil and criminal process of the State courts. This act appears in the 1906 supplement to Wisconsin Statutes of 1898, and has been recodified in subsequent statutes. As amended it appears in Sections 1.02, 1.03, and 1.05, Wisconsin Statutes, 1935.

WISCONSIN CASES: Zartner v. Holzhauer, 204 Wis. 18, 234 N. W. 508; United States v. City of Milwaukee, 100 Fed. 828; State v. Shepard, 239 Wis. 345, 300 N. W. 905; 20 Atty. Gen. 611; United States v. 2,271.29 Acres of Land, 31 F. (2) 617.

WYOMING

By act of February 17, 1893 (Laws of Wyoming, 1893, page 43), the State ceded to the United States exclusive jurisdiction over and within all the territory owned by the United States included within the limits of the United

States Military Reservations known as Fort D. A. Russell, Fort McKinney, --Fort Washakie, Camp Sheridan and Camp Pilot Butte, and the United States Powder Depot at Cheyenne, together with such other lands in the State as may be now or hereafter acquired or held by the United States for military purposes, either as additions to the posts above named or as new military posts or reservations which may be established for the common defense, reserving the right to serve civil and criminal process of the State courts, and also reserving to the State the right to tax persons and corporations, their franchises and property on the lands so ceded. Exclusive jurisdiction was also ceded to the United States over and within all the territory within the limits of what is known as Shoshone Indian Reservation, saving likewise the right to serve civil and criminal process of the State courts and the right to tax persons and corporations, their franchises and property on said reservation.

The provisions of the foregoing act relating to military reservations have continued in force and now appear in Sections 118-105, Wyoming Revised Statutes, 1931, and the same sections of Wyoming Supplements, 1934 and

« AnteriorContinuar »