The Respective Powers of the Federal and Local Governments Within Lands Owned or Occupied by the United States by Peter S. Twitty UNITED STATES WASHINGTON, 1944 159 CHAPTER VII TEMPORARY USE OF LAND BY THE UNITED STATES. ction . Permanent use of land by Government contemplated by Art. I, Sec. 8, Cl. 17 of Constitution.... . Jurisdiction not acquired over property leased by the United States '. State statutes expressly granting jurisdiction over leased property 3. Temporary use of property under war powers.. ). Setting aside land from public domain not an "acquisition" by the United States ). Lands under navigable waters. Jurisdiction over, does not result from acquisition of adjacent upland.. CHAPTER VIII HOW FEDERAL JURISDICTION MAY BE LOST 1. United States loses jurisdiction when it disposes of land.... 8. When State cession statute broad enough to include any Federal uses 59. Character of Federal use determined by political department of Government 50. Congress may retrocede jurisdiction to State. 1. State cannot revoke or limit jurisdiction once granted to the United States 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... 54. State laws enacted after cession not effective within ceded area.... 55. Political laws of ceding State superseded by Federal law or policy 66.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... Section CHAPTER IV WHEN JURISDICTION VESTS IN THE UNITED STATES 22. Status of lands acquired before February 1, 1940............. 25. Acceptance of jurisdiction over lands acquired on or after the Act 27. Requirement that Government contractor comply with State laws, effect of ..... ...... Page 12 13 13 13 14 14 15 .... 15 16 17 28. General rule respecting lands acquired before Act of February 1, CHAPTER V CONSTRUCTION OF STATE STATUTES RELINQUISHING 32. Source of controversies regarding Federal jurisdiction..... 18 19 34. Meaning of "exclusive jurisdiction" as used in State cession statutes 19 35. When exercise of State functions within ceded area is consistent with exclusive Federal jurisdiction.... 20 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.. CHAPTER VI CONCURRENT OR PARTIAL JURISDICTION-POWERS RESERVED TO THE STATES 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.... 25 26 27 27 28 28 Section CHAPTER VII TEMPORARY USE OF LAND BY THE UNITED STATES. 45. Permanent use of land by Government contemplated by Art. I, Sec. 8, Cl. 17 of Constitution... ...... Page 29 2233 46. Jurisdiction not acquired over property leased by the United States 29 47. State statutes expressly granting jurisdiction over leased property 48. Temporary use of property under war powers.... 30 30 49. Setting aside land from public domain not an "acquisition" by the United States 31 32 50. Lands under navigable waters. Jurisdiction over, does not result from acquisition of adjacent upland..... CHAPTER VIII HOW FEDERAL JURISDICTION MAY BE LOST 51. United States loses jurisdiction when it disposes of land........ 55. Hot Springs, Arkansas, Hotel case-Use considered public... 33 33 33 34 34 34 35 58. When State cession statute broad enough to include any Federal uses 36 59. Character of Federal use determined by political department of Government 36 60. Congress may retrocede jurisdiction to State.... 36 61. State cannot revoke or limit jurisdiction once granted to the United States 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... |