Chapter 37.04 RCW

GENERAL CESSION OF JURISDICTION

Sections

HTMLPDF 37.04.010Consent given to acquisition of land by United States.
HTMLPDF 37.04.020Concurrent jurisdiction cededReverter.
HTMLPDF 37.04.030Reserved jurisdiction of state.
HTMLPDF 37.04.040Previous cessions of jurisdiction saved.
HTMLPDF 37.04.050Concurrent jurisdictionGovernor authorized to acceptProcedures.

NOTES:

Authority of federal government over federal areas: State Constitution Art. 25.
Taxation of federal agencies and instrumentalities: State Constitution Art. 7 § 3 (Amendment 19).


Consent given to acquisition of land by United States.

The consent of this state is hereby given to the acquisition by the United States, or under its authority, by purchase, lease, condemnation, or otherwise, of any land acquired, or to be acquired, in this state by the United States, from any individual, body politic or corporate, as sites for forts, magazines, arsenals, dockyards, and other needful buildings or for any other purpose whatsoever. The evidence of title to such land shall be recorded as in other cases.
[ 1939 c 126 § 1; RRS § 8108-1.]



Concurrent jurisdiction cededReverter.

Concurrent jurisdiction with this state in and over any land so acquired by the United States shall be, and the same is hereby, ceded to the United States for all purposes for which the land was acquired; but 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 or acquisition, the jurisdiction hereby ceded over the same shall cease and determine, and the right and title thereto shall revest in this state. The jurisdiction ceded shall not vest until the United States shall acquire title of record to such land.
[ 1939 c 126 § 2; RRS § 8108-2.]



Reserved jurisdiction of state.

The state of Washington hereby expressly reserves such jurisdiction and authority over land acquired or to be acquired by the United States as aforesaid as is not inconsistent with the jurisdiction ceded to the United States by virtue of such acquisition.
[ 1939 c 126 § 3; RRS § 8108-3.]



Previous cessions of jurisdiction saved.

Sections 8108 and 8109, Remington's Revised Statutes [1891 pp 31, 32 §§ 1, 2], and all other acts and parts of acts inconsistent with the provisions of this chapter are hereby repealed: PROVIDED, That jurisdiction heretofore ceded to the United States over any land within this state by any previous act of the legislature shall continue according to the terms of the respective cessions: PROVIDED FURTHER, 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 land for the purposes for which acquired, jurisdiction thereover shall be governed by the provisions of this chapter.
[ 1939 c 126 § 4; RRS § 8108-4.]



Concurrent jurisdictionGovernor authorized to acceptProcedures.

(1) Upon the filing of a legally adequate notice with the governor by the secretary or administrator of any agency of the United States of America owning or having exclusive jurisdiction over certain property, the governor is authorized and directed to accept such jurisdiction as is necessary to establish concurrent jurisdiction between the United States and the state of Washington over the property as described in such notice and to the extent and periods of time authorized in such notice. The acquisition of such concurrent jurisdiction shall become effective upon filing the documents signifying such acceptance in the office of the secretary of state of the state of Washington.
(2) The authorization contained in subsection (1) of this section shall not be exclusive, shall not affect any existing jurisdiction or concurrent jurisdiction by the state over federal property, and shall be in addition to any other method or methods of assuming jurisdiction or concurrent jurisdiction over federal property.