HB328 (2005) Detail

Relative to jurisdiction over land occupied by or ceded to the United States.


HB 328 – AS INTRODUCED

2005 SESSION

05-0136

05/10

HOUSE BILL 328

AN ACT relative to jurisdiction over land occupied by or ceded to the United States.

SPONSORS: Rep. Marple, Merr 9; Rep. L. Christiansen, Hills 27

COMMITTEE: State-Federal Relations and Veterans Affairs

ANALYSIS

This bill addresses jurisdiction over land occupied by or ceded to the federal government. The bill provides for adding restrictive covenants to deeds transferring land to the federal government. The bill also fines the federal government for failing to file a plan and description of the land with the secretary of state.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0136

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to jurisdiction over land occupied by or ceded to the United States.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Jurisdiction Over Lands Occupied by or Ceded to United States; Protective Covenants Added. RSA 123:1 is repealed and reenacted to read as follows:

123:1 Jurisdiction Over Lands Occupied by or Ceded to United States.

I. Pursuant to Article I, Section 8 of the United States Constitution, jurisdiction is ceded to the seat of this government for all lands within this state now or hereafter occupied by the United States, and used as sites for post offices, custom-houses, military air bases, military installations or other public buildings; provided that an accurate description and plan of the lands so occupied, verified by the oath of some officer of the United States having knowledge of the facts, shall be filed with the secretary of this state; and, provided further, that this cession is upon the express condition that the state of New Hampshire shall retain concurrent jurisdiction with the United States in and over all such lands, so far that all civil and criminal process issuing under the authority of this state may be executed on the said lands and in any building now or hereafter erected thereon.

II. Jurisdiction shall revert to and revest in this state whenever the lands shall cease to be occupied by the United States.

III. Prior to the filing of any plan under paragraph I, and provided that a deed exists and evidence of payment is on record, the land shall be deeded back to the state of New Hampshire so that protective covenants may be added to any future deed of transfer of title. Upon complaint from any person that there is no description and plan for any such government facility on file with the secretary of state, the secretary of state shall demand compliance from the federal government within 10 days with a fine for noncompliance of $1,000 plus $1,000 per day for each day thereafter. If the fine is not paid, the state may withhold moneys otherwise due to the federal government equal to the amount of the fine.

2 Effective Date. This act shall take effect 60 days after its passage.

Links

HB328 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB328 Revision: 8790 Date: Jan. 21, 2010, midnight

Docket