Printable Format27-102. Jurisdiction. That exclusive jurisdiction over and within any lands so acquired by the United States shall be, and the same is hereby, ceded to the United States, for all purposes; saving, however, to the state of Kansas the right to serve therein 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 said state, but outside the boundaries of such land; and saving further to said state the right to tax the property and franchises of any railroad, bridge or other corporations within the boundaries of such lands; but the jurisdiction hereby ceded shall not continue after the United States shall cease to own said lands.
History: L. 1927, ch. 206, § 2; March 17.
Source or prior law:
L. 1872, ch. 135, §§ 1, 2; R.S. 1923, 27-102.
Law Review and Bar Journal References:
"State Criminal Jurisdiction Over Federally Owned Lands," Walter D. Navin, Jr., 1 W.L.J. 201 (1962).
1963-65 survey of taxation, Leslie T. Tupy, 14 K.L.R. 365, 369 (1965).
Attorney General's Opinions:
Federal property; investigation of alleged child abuse on Fort Leavenworth reservation. 85-14.
Only property owned by private corporation on Fort Leavenworth military reservation is subject to Kansas property tax. 2005-19.
CASE ANNOTATIONS
1. Residents on land ceded to United States may not vote at precincts established prior to cession. Herken v. Glynn, 151 Kan. 855, 859, 869, 871, 101 P.2d 946; apparently overruled by Evans v. Cornman, 398 U.S. 419, 26 L. Ed. 2d 370, 90 S. Ct. 1752.
2. Federal housing projects; state jurisdiction; residents thereon may vote. State, ex rel., v. Corcoran, 155 Kan. 714, 716, 720, 128 P.2d 999.
3. Military reservation is not part of county within which located. Miller v. Hickory Grove School Board, 162 Kan. 528, 533, 178 P.2d 214.
4. United States has exclusive jurisdiction over Leavenworth penitentiary. Hayes v. United States, 367 F.2d 216, 219.
5. Property at Fort Leavenworth belonging to an association that is neither a de jure nor a de facto corporation is not taxable. In re Armed Forces Cooperative Insuring Ass'n, 5 Kan. App. 2d 787, 789, 625 P.2d 11 (1981).
6. Cited; authority of municipal law enforcement officer in "fresh pursuit" to make warrantless misdemeanor arrest on military reservation examined. City of Junction City v. Riley, 240 Kan. 614, 618, 731 P.2d 310 (1987).