State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_104 > GS_104-7

§ 104‑7.  Acquisition oflands by the United States for customhouses, courthouses, post offices, forts,arsenals, or armories; cession of jurisdiction; exemption from taxation.

(a)        The consent of theState is hereby given, in accordance with the seventeenth clause, eighthsection, of the first article of the Constitution of the United States, to theacquisition by the United States, by purchase, condemnation, or otherwise, ofany land in the State that either is:

(1)        Required forcustomhouses, courthouses, post offices, forts, arsenals, or armories; providedthat the total land to be acquired for a particular facility does not exceed 25acres; or

(2)        To be added to FortBragg, Pope Air Force Base, Camp Lejeune, New River Marine Corps Air Station,Seymour Johnson Air Force Base, Cherry Point Marine Corps Air Station, MilitaryOcean Terminal at Sunny Point, or the United States Coast Guard Air Station atElizabeth City. Any of the land to be added to a military base named in thissubdivision shall be contiguous to and within a 25‑mile radius of themilitary base for which the property is acquired.

(a1)      Notwithstanding theprovisions of subsection (a) above, the consent of the State is not given tothe acquisition by the United States, by purchase, condemnation or otherwise,of any land in a county or counties which have no existing military base atwhich aircraft squadrons are stationed, for the purpose of establishing anoutlying landing field to support training and operations of aircraft squadronsstationed at or transient to military bases or military stations locatedoutside of the State. Exclusive jurisdiction in and over any land acquired bythe United States without the consent of the State under this subsection is notceded to the United States for any purpose.

(b)        Exclusivejurisdiction in and over any land acquired by the United States with theconsent of the State under subsection (a) of this section is hereby ceded tothe United States for all purposes for which the United States requests cessionof jurisdiction except that jurisdiction in and over these lands with respectto: (i) the service of all civil and criminal process of the courts of thisState, (ii) the concurrent power to enforce the criminal law, (iii) the powerto enforce State laws for the protection of public health and the environmentand for the conservation of natural resources, and (iv) the entire legislativejurisdiction of the State with respect to marriage, divorce, annulment,adoption, commitment of the mentally incompetent, and descent and distributionof property is reserved to the State. Cession of jurisdiction shall continueonly so long as the United States owns the land.

(c)        The jurisdictionceded shall not vest until the United States has acquired title to the land bypurchase, condemnation, or otherwise; accepted the cession of jurisdiction inwriting; and filed a certified copy of the acceptance in the office of theregister of deeds in the county or counties in which the land is located. Theacceptance of jurisdiction shall be made by an authorized official of theUnited States and shall include a precise description of the land involved anda statement of the extent to which cession of jurisdiction is accepted. Theregister of deeds shall record the acceptance of jurisdiction and index it inboth the grantor and the grantee index under the name of the United States and,if title to the land over which jurisdiction is ceded is vested in any entityother than the United States, then the register of deeds shall also index the acceptanceof jurisdiction in both the grantor and the grantee index under the name ofthat entity.

(d)        So long as landacquired with the consent of the State under subsection (a) of this sectionremains the property of the United States, and no longer, the land shall beexempt and exonerated from all State, county, and municipal taxation,assessment, or other charges that may be levied or imposed under the authorityof this State.

(e)        Persons residing onlands in the State for which any jurisdiction has been ceded under this sectionshall not be deprived of any civil or political rights, including the right ofsuffrage, by reason of the cession of jurisdiction to the United States.  (1907, c. 25; C.S., s. 8059;2005‑69, s. 1; 2009‑20, s. 1.)