33 C.F.R. § 211.25   General considerations in the acquiring of Federal jurisdiction.


Title 33 - Navigation and Navigable Waters


Title 33: Navigation and Navigable Waters
PART 211—REAL ESTATE ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION WITH CIVIL WORKS PROJECTS
Federal Jurisdiction Over Real Estate

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§ 211.25   General considerations in the acquiring of Federal jurisdiction.

(a) Laws governing the acquisition of Federal jurisdiction—(1) Constitution of the United States. By Article 1, Section 8, Clause 17, of the Constitution, Congress has the power to exercise exclusive legislation in all cases in the District of Columbia and to exercise like authority over all land acquired by the United States with the consent of the legislature of the State in which the land is located for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.

(2) Section 355, Revised Statutes of the United States. Under this section as amended by the acts of Congress approved February 1, 1940 (54 Stat. 19) and October 9, 1940 (54 Stat. 1083; 40 U.S.C. 255), jurisdiction over lands acquired by the Department of the Army does not vest until the Secretary of the Army has indicated acceptance of such jurisdiction by filing a notice of acceptance with the Governor of the State or in such manner as may be prescribed by the laws of the State where the land is situated.

(3) State laws. The laws of the various States indicate the type of jurisdiction ceded or to be ceded, and prescribe the requirements, if any, to be complied with prior to the vesting of jurisdiction in the United States.

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