 |
 |
| Additional Executive Departments | | Agriculture And Animals | | Alcoholic Beverages | | Business And Financial Institutions | | Cities, Towns And Villages | | Civil Procedure And Limitations | | Codes And Standards | | Conduct Of Public Business | | Conservation, Resources And Development | | Contracts And Contractual Relations | | Corporations, Associations And Partnerships | | Correctional And Penal Institutions | | County, Township And Political Subdivision Government | | Courts | | Crimes And Punishment; Peace Officers And Public Defenders | | Criminal Procedure | | Debtor-creditor Relations | | Domestic Relations | | Education And Libraries | | Evidence And Legal Advertisements | | Executive Branch | | Incorporation And Regulation Of Certain Utilities And Carriers | | Juries | | Labor And Industrial Relations | | Lands, Levees, Drainage, Sewers And Public Water Supply | | Laws And Statutes | | Legislative Branch | | Military Affairs And Police | | Motor Vehicles, Watercraft And Aviation | | Occupations And Professions | | Ownership And Conveyance Of Property | | Public Health And Welfare | | Public Officers And Employees, Bonds And Records | | Public Safety And Morals | | Roads And Waterways | | Sovereignty, Jurisdiction And Emblems | | Statutory Actions And Torts | | Suffrage And Elections | | Taxation And Revenue | | Trade And Commerce | | Trusts And Estates Of Decedents And Persons Under Disability |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Missouri |
|
USA Statutes : missouri
Title : SOVEREIGNTY, JURISDICTION AND EMBLEMS
Chapter : Chapter 12 Acquisition of Land by United States Government
|
|
The consent of the state of Missouri 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 or grant of any land in this state acquired for the purpose
of establishing and maintaining post offices, internal revenue and other
government offices, hospitals, sanatoriums, fish hatcheries, and land for
reforestation, recreational and agricultural uses; but land acquired by
eminent domain or condemnation for the purpose of reforestation, Native
American/Indian gaming, recreational or agricultural uses shall only be
acquired with statutory authorization of the general assembly. Land used
exclusively for the erection of hospitals by the United States may also
be acquired by condemnation. (RSMo 1939 § 12691, A.L. 1949 p. 316, A.
1949 S.B. 1005, A.L. 1957 p. 726, A.L. 2000 H.B. 1082)
Prior revisions: 1929 § 11072; 1919 § 6923; 1909 § 7927
CROSS REFERENCE: United States granted authority to establish parks in
the state, RSMo 95.525
(1960) State law could not in consent statute require a dedication of
property acquired by the United States so as to limit the right to its
future disposal and consent statute as to Old Post Office Building in St.
Louis did not attempt to do so. United States v. Sixteen Parcels of Land,
etc., 281 F.2d 271.
The jurisdiction of the state of Missouri in and over all land
acquired as provided in section 12.010 is granted and ceded to the United
States so long as the United States owns the land; except that there is
reserved to the state of Missouri, unimpaired, full authority to serve
and execute all process, civil and criminal, issued under the authority
of the state within the lands or the buildings. (RSMo 1939 § 12693, A.L.
1957 p. 726)
Prior revisions: 1929 § 11073; 1919 § 6923; 1909 § 7927
1. Jurisdiction concurrent with that of the state of Missouri in
and over land which is now, or may hereafter be, owned and used by the
United States as an honor farm in connection with the operation of a
federal penitentiary is hereby ceded to the United States for so long as
the United States shall own and so use the land.
2. Jurisdiction concurrent with that of the state of Missouri is hereby
ceded to the United States within the area comprising the "Ozark National
Scenic Riverways" for so long as this area is administered and maintained
by the United States.
3. Provided that no part of this section shall apply to the White River
watershed.
4. Provided further that no part of this section shall apply to the Osage
and St. Francois River watersheds. (L. 1965 p. 131 § 1, A.L. 1971 S.B.
326)
1. Concurrent legislative jurisdiction over crimes and offenses
under the laws of the state is ceded to the United States over and within
all the lands and lands acquired after August 28, 1996, dedicated to
national park purposes in the following tracts:
(1) The George Washington Carver National Monument;
(2) The Jefferson National Expansion Memorial National Historic Site;
(3) The Wilson's Creek National Battlefield;
(4) The Harry S Truman National Historic Site; and
(5) The Ulysses S. Grant National Historic Site.
2. The concurrent jurisdiction ceded by subsection 1 of this section* is
vested upon acceptance by the United States by and through its
appropriate officials and shall continue so long as the lands within the
designated areas are dedicated to park purposes.
3. The governor is hereby authorized and empowered to execute all proper
conveyances in the cession herein granted, upon request of the United
States by and through its appropriate officials.
4. The state of Missouri retains concurrent jurisdiction, both civil and
criminal, with the United States over all lands affected by the
provisions of this section. (L. 1982 H.B. 1768 § 1, A.L. 1983 H.B. 745,
A.L. 1996 H.B. 1248)
*Words "of this section" do not appear in original rolls.
By appropriate executive order, the governor may accept on behalf
of the state full or partial cession or retrocession of federal
jurisdiction, criminal or civil, over any lands, except Indian lands, in
federal enclaves within the state where such cession or retrocession has
been offered by appropriate federal authority. An executive order
accepting a cession or retrocession of jurisdiction shall be filed in the
office of the secretary of state and in the office of the recorder of the
county in which the affected real estate is located. (L. 1990 S.B. 728 §
4)
The consent of the state of Missouri 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
as sites for customhouses, courthouses, post offices, arsenals, forts and
other needful buildings required for military purposes. (L. 1947 V. I p.
366 § 1, A.L. 1955 p. 768 § 1, A.L. 1957 p. 726, A.L. 1978 H.B. 1613)
Exclusive jurisdiction in and over any land acquired as set out
in section 12.030 or otherwise lawfully acquired and held for any of the
purposes set out in section 12.030 by the United States, is ceded to the
United States for all purposes, saving and reserving, however, to the
state of Missouri the right of taxation to the same extent and in the
same manner as if this cession had not been made; and further saving and
reserving to the state of Missouri the right to serve thereon any civil
or criminal process issued under the authority of the state, in any
action on account of rights acquired, obligations incurred, or crimes
committed in this state, outside the boundaries of the land but the
jurisdiction ceded to the United States continues no longer than the
United States owns the land and uses the same for the purposes set out in
section 12.030. (L. 1947 V. I p. 366 § 2, A.L. 1955 p. 768 § 2, A.L. 1957
p. 726, A.L. 1978 H.B. 1613)
(1974) Held that reservation of right to tax includes political
subdivision so that earnings tax levy by city was valid. Kansas City v.
Querry (Mo.), 511 S.W.2d 790.
Consent of the state of Missouri is given to the acquisition by
the United States by purchase, gift, devise or lease of such areas of
land or water, or of land and water in Missouri as the United States
deems necessary for the establishment of migratory-bird reservations in
accordance with the act of Congress approved February 18, 1929, entitled
"An Act to more effectively meet the obligations of the United States
under the migratory-bird treaty with Great Britain by lessening the
dangers threatening migratory game birds from drainage and other causes
by the acquisition of areas of land and of water to furnish in perpetuity
reservations for the adequate protection of such birds; and authorizing
appropriations for the establishment of such areas, their maintenance and
improvement and for other purposes", (16 U.S.C.A. { 715 et seq.)
reserving, however, to the state of Missouri, full and complete
jurisdiction and authority over all such areas not incompatible with the
administration, maintenance, protection and control thereof by the United
States under the terms of the act of Congress; but acquisition and the
operation of any such areas are subject to the approval of the state
conservation commission. (RSMo 1939 § 8971, A.L. 1945 p. 664 § 14, A.
1949 S.B. 1005, A.L. 1957 p. 726)
Prior revision: 1929 § 8315
All sums of money received from the United States under an act of
Congress, approved May 23, 1908, being an act providing for the payment
to the states of twenty-five percent of all money received from the
national forest reserves in the states to be expended as the legislature
may prescribe for the benefit of the public schools and public roads of
the county or counties in which the forest reserve is situated (16
U.S.C.A. 500) shall be expended as follows: Seventy-five percent for the
public schools and twenty-five percent for roads in the counties in which
national forests are situated. The funds shall be used to aid in
maintaining the schools and roads of those school districts that lie or
are situated partly or wholly within or adjacent to the national forest
in the county. The distribution to each county from the proceeds received
on account of a national forest within its boundaries shall be in the
proportion that the area of the national forest in the county bears to
the total area of the forest in the state, as of June thirtieth of the
fiscal year for which the money is received. (RSMo 1939 § 12695, A.L.
1957 p. 726)
(1982) Due to legislative silence as to method of distributing forest
reserve funds, county court can determine, in its discretion, that any of
eligible school districts could be excluded from distribution of national
forest reserve funds. Eminence R-1 School District v. Hodge (Mo.), 635
S.W.2d 10.
All sums of money received from the United States, or any
department thereof under an act of Congress approved August 18, 1941,
being an act providing for the payment to the several states of
seventy-five percent of all moneys received for leases of land situated
in the various states to which the United States owns fee simple title
under the Flood Control Act of May 15, 1928, as amended and supplemented
(33 U.S.C.A. { 701c-3), to be expended as the general assembly may
prescribe for the benefit of the public schools and public roads of the
county in which the government land is situated, or for defraying any of
the expenses of county government in the county, including public
obligations of levee and drainage districts for flood control and
drainage improvements, or as provided by any acts of Congress authorizing
the distribution of income or revenue from lands owned by the United
States of America or any of its departments, bureaus or commissions or
any agency of the United States of America, to states or counties or as
provided by any amendments to those acts, shall be expended as the county
commission of the county entitled to receive the funds directs in
accordance with the provisions and regulations provided by the acts of
Congress for distribution to states and counties. (RSMo 1939 § 12696,
A.L. 1955 p. 766, A.L. 1957 p. 726)
Within a reasonable time after receipt of the money from the
federal government, the commissioner of administration shall cause a
warrant to issue on the state treasurer payable to the county treasurer
of each county as set forth in sections 12.070 and 12.080 which sum shall
be paid out of the state treasury from the amounts received from the
federal government pursuant to the acts of Congress. The county treasurer
shall credit the funds in a special account, to be expended as provided
in section 12.100. (RSMo 1939 § 12697, A. 1949 S.B. 1005, A.L. 1957 p.
726)
The county commission of each county receiving any such moneys
shall use the funds to aid in maintaining the schools and roads and for
defraying any of the expenses of the county in accordance with the
provisions set forth in sections 12.070 and 12.080. The county commission
shall allow to the school districts and for roads an amount based upon
their respective levies equal to that which would ordinarily be allowed
to them out of taxes from property owned by the United States if the
property were privately owned before using any of the moneys for
defraying other expenses of the county. (RSMo 1939 § 12698, A.L. 1955 p.
766, A.L. 1957 p. 726)
|
|
|
|
