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The Respective Powers

of the Federal and Local

Governments Within Lands

Owned or Occupied by

the United States

by Peter S. Twitty

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON, 1944

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CHAPTER VII

TEMPORARY USE OF LAND BY THE UNITED STATES.

MEANING OF “ACQUISITION” AS USED IN STATE CESSION
STATUTES

ction

Page

5. Permanent use of land by Government contemplated by Art. I,

Sec. 8, Cl. 17 of Constitution.... j. Jurisdiction not acquired over property leased by the United States 7. State statutes expressly granting jurisdiction over leased property 8. Temporary use of property under war powers... 9. Setting aside land from public domain not an "acquisition" by the

United States 3. Lands under navigable waters. Jurisdiction over, does not result

from acquisition of adjacent upland..

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32

CHAPTER VIII

HOW FEDERAL JURISDICTION MAY BE LOST

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"1. United States loses jurisdiction when it disposes of land.....
2. Jurisdiction over land in name of Government corporation..
3. Jurisdiction lost when land ceases to be used for Federal purposes
4. Old Point Comfort Hotel case-Use considered private....
15. Hot Springs, Arkansas, Hotel case --Use considered public.
56. Jurisdiction over rights-of-way within lands of United States...
97. When land is used for Federal purposes not authorized by State

cession statute
58. When State cession statute broad enough to include any Federal

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uses

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59. Character of Federal use determined by political department of

Government 50. Congress may retrocede jurisdiction to State. 61. State cannot revoke or limit jurisdiction once granted to the United

States

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37

CHAPTER IX

PRIVATE RIGHTS WITHIN CEDED TERRITORY

62. Municipal laws of ceding State in force at time of cession remain

in effect after cession... 63. Continue as Federal laws... 64. State laws enacted after cession not effective within ceded area... 65. Political laws of ceding State superseded by Federal law or policy 66. State laws of regulatory or penal character not effective within

ceded territory 67. State Workmen's Compensation Laws in Federal Territory.

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CHAPTER IV

WHEN JURISDICTION VESTS IN THE UNITED STATES

Section

Page

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13

22. Status of lands acquired before February 1, 1940.......
23. Law changed by Act of Congress approved February 1, 1940....
24. Formal acceptance of jurisdiction necessary where lands acquired

since Act of February 1, 1940.....
25. Acceptance of jurisdiction over lands acquired on or after the Act

of February 1, 1940, must be filed with the governor of State.. 26. Non-acceptance of jurisdiction by United States over lands ac

quired prior to Act of February 1, 1940, may be shown by cir

cumstances 27. Requirement that Government contractor comply with State laws,

effect of .. 28. General rule respecting lands acquired before Act of February 1,

1940 29. Conditions precedent to vesting of jurisdiction in United States.. 30. State statutes requiring deeds of cession by governor.. 31. Can jurisdiction vest in the United States before title acquired?

Conflicting views

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14

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CHAPTER V

CONSTRUCTION OF STATE STATUTES RELINQUISHING

JURISDICTION TO THE UNITED STATES

18

19

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32. Source of controversies regarding Federal jurisdiction.....
33. Cession of jurisdiction, unless qualified, means exclusive jurisdic-

tion
34. Meaning of “exclusive jurisdiction” as used in State cession stat-

utes 35. When exercise of State functions within ceded area is consistent

with exclusive Federal jurisdiction... 36. Meaning of word "purchase” in consent-to-purchase statutes.. 37. “Other needful buildings" discussed.. 38. Public use distinguished from use contemplated by Art. I, Sec. 8,

Cl. 17 of the Constitution.....

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23

CHAPTER VI

CONCURRENT OR PARTIAL JURISDICTION-POWERS

RESERVED TO THE STATES

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26

39. Reservation by State of administrative powers.
40. Service of State process in ceded areas.
41. Exercise by State of legislative authority incompatible with exclu-

sive jurisdiction of United States...
42. Reservations permissible in consent-to-purchase statutes....
43. Rule in Dravo case not in conflict with Attorney General's opinions
44. Reservation of State jurisdiction for local purposes.

CHAPTER VII

TEMPORARY USE OF LAND BY THE UNITED STATES.

MEANING OF "ACQUISITION” AS USED IN STATE CESSION
STATUTES

Page

Section
45. Permanent use of land by Government contemplated by Art. I,

Sec. 8, Cl. 17 of Constitution.....
46. Jurisdiction not acquired over property leased by the United States
47. State statutes expressly granting jurisdiction over leased property
48. Temporary use of property under war powers..
49. Setting aside land from public domain not an "acquisition” by the

United States 50. Lands under navigable waters. Jurisdiction over, does not result

from acquisition of adjacent upland...

29 29 30 30

31

32

CHAPTER VIII

HOW FEDERAL JURISDICTION MAY BE LOST

51. United States loses jurisdiction when it disposes of land.......
52. Jurisdiction over land in name of Government corporation..
53. Jurisdiction lost when land ceases to be used for Federal purposes
54. Old Point Comfort Hotel case-Use considered private...
55. Hot Springs, Arkansas, Hotel caseUse considered public..
56. Jurisdiction over rights-of-way within lands of United States...
57. When land is used for Federal purposes not authorized by State

cession statute
58. When State cession statute broad enough to include any Federal

33 33 33 34 34 34

35

uses

36

59. Character of Federal use determined by political department of

Government 60. Congress may retrocede jurisdiction to State..... 61. State cannot revoke or limit jurisdiction once granted to the United

States

36 36

37

CHAPTER IX

PRIVATE RIGHTS WITHIN CEDED TERRITORY

62. Municipal laws of ceding State in force at time of cession remain

in effect after cession... 63. Continue as Federal laws... 64. State laws enacted after cession not effective within ceded area.... 65. Political laws of ceding State superseded by Federal law or policy 66. State laws of regulatory or penal character not effective within

ceded territory 67. State Workmen's Compensation Laws in Federal Territory...

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V

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