Article 1. Authority for Acquisition.

§ 104-1. Acquisition of lands for specified purposes authorized; concurrent jurisdiction reserved.

The United States is authorized, by purchase or otherwise, to acquire title to any tract or parcel of land in the State of North Carolina, not exceeding 25 acres, for the purpose of erecting thereon any customhouse, courthouse, post office, or other building, including lighthouses, lightkeepers’ dwellings, lifesaving stations, buoys and local depots and buildings connected therewith, or for the establishment of a fish-cultural station and the erection thereon of such buildings and improvements as may be necessary for the successful operations of such fish-cultural station. The consent to acquisition by the United States is upon the express condition that the State of North Carolina shall so far retain a concurrent jurisdiction with the United States over such lands as that all civil and criminal process issued from the courts of the State of North Carolina may be executed thereon in like manner as if this authority had not been given, and that the State of North Carolina also retains authority to punish all violations of its criminal laws committed on any such tract of land.

History. 1870-1, c. 44, s. 5; Code, ss. 3080, 3083; 1887, c. 136; 1899, c. 10; Rev., s. 5426; C.S., s. 8053.

Legal Periodicals.

As to note on jurisdiction relative to lands acquired by the federal government, see 23 N.C.L. Rev. 258 (1945).

CASE NOTES

Exclusive Jurisdiction. —

Jurisdiction of the United States is exclusive over property in this State acquired in 1899 with the State’s legislative consent, and such exclusive jurisdiction is not affected by the restrictive provisions of this section and G.S. 104-7 subsequently enacted, which are prospective only. State v. DeBerry, 224 N.C. 834 , 32 S.E.2d 617, 1945 N.C. LEXIS 233 (1945).

§ 104-2. Unused lands to revert to State.

The consent given in G.S. 104-1 is upon consideration of the United States building lighthouses, lighthouse keepers’ dwellings, lifesaving stations, buoys, coal depots, fish stations, post offices, customhouses, and other buildings connected therewith, on the tracts or parcels of land so purchased, or that may be purchased; and that the title to land so conveyed to the United States shall revert to the State unless the construction of the aforementioned buildings be completed thereon within 10 years from the date of the conveyance from the grantor.

History. 1870-1, c. 44, s. 5; Code, ss. 3080, 3083; 1887, c. 136; 1899, c. 10; Rev., s. 5426; C.S., s. 8054.

§ 104-3. Exemption of such lands from taxation.

The lots, parcels, or tracts of land acquired under this Chapter, together with the tenements and appurtenances for the purpose mentioned in this Chapter, shall be exempt from taxation.

History. 1870-1, c. 44, s. 3; Code, s. 3082; Rev., s. 5428; C.S., s. 8055.

CASE NOTES

When Exemption Begins. —

A contract to convey lands to the United States government reservation, under the federal statute, does not vest the title in the government until survey is made, acreage is determined, purchase price is paid, or conveyance is made and title is approved by the Attorney General, and until then the land is subject to State taxes under the State statutes. Caldwell Land & Lumber Co. v. Commissioners of Caldwell County, 174 N.C. 634 , 94 S.E. 406, 1917 N.C. LEXIS 158 (1917).

§ 104-4. Conveyances of such lands to be recorded.

All deeds, conveyances, or other title papers for the same shall be recorded, as in other cases, in the office of the register of deeds of the county in which the lands so conveyed may lie, in the same manner and under the same regulations as other deeds and conveyances are now recorded, and in like manner may be recorded a sufficient description by metes and bounds, courses and distances, of any tract or legal division of any public land belonging to the United States, which may be set apart by the general government for the purpose before mentioned, by an order, patent, or other official document or paper so describing such land.

History. 1870-1, c. 44, s. 2; 1872-3, c. 201; Code, s. 3081; Rev., s. 5429; C.S., s. 8056.

§ 104-5. Forest reserve in North Carolina authorized; powers conferred.

The United States is authorized to acquire by purchase, or by condemnation with adequate compensation, except as hereinafter provided, such lands in North Carolina as in the opinion of the federal government may be needed for the establishment of a national forest reserve in that region. This consent is given upon condition that the State of North Carolina shall retain a concurrent jurisdiction with the United States in and over such lands so far that civil process in all cases, and such criminal process as may issue under the authority of the State of North Carolina against any person charged with the commission of any crime without or within said jurisdiction, may be executed thereon in like manner as if this consent had not been given. Power is hereby conferred upon the Congress of the United States to pass such laws as it may deem necessary to the acquisition as hereinbefore provided, for incorporation in such national forest reserve such forest-covered lands lying in North Carolina as in the opinion of the federal government may be needed for this purpose, but as much as 200 acres of any tract of land occupied as a home by bona fide residents in this State on the eighteenth day of January, 1901, shall be exempt from the provisions of this section. Power is hereby conferred upon Congress to pass such laws and to make or provide for the making of such rules and regulations, of both civil and criminal nature, and to provide punishment therefor, as in its judgment may be necessary for the management, control, and protection of such lands as may be from time to time acquired by the United States under the provisions of this section.

History. 1901, c. 17; Rev., s. 5430; C.S., s. 8057; 1929, c. 67, s. 1.

CASE NOTES

Concurrent Jurisdiction. —

This section and 16 U.S.C. § 551 grant the United States concurrent jurisdiction over national forest lands located within North Carolina. United States v. Raffield, 82 F.3d 611, 1996 U.S. App. LEXIS 10323 (4th Cir.), cert. denied, 519 U.S. 933, 117 S. Ct. 306, 136 L. Ed. 2d 223, 1996 U.S. LEXIS 6215 (1996).

Where defendant was pulled over inside Pisgah National Forest, North Carolina, United States had jurisdiction to prosecute defendant for driving under the influence of intoxicating beverage and refusing to submit to a chemical breath analysis under the Assimilative Crimes Act; State crimes become federal offenses when committed on federal lands within the State. United States v. Raffield, 82 F.3d 611, 1996 U.S. App. LEXIS 10323 (4th Cir.), cert. denied, 519 U.S. 933, 117 S. Ct. 306, 136 L. Ed. 2d 223, 1996 U.S. LEXIS 6215 (1996).

§ 104-6. Acquisition of lands for river and harbor improvement; reservation of right to serve process.

The consent of the legislature of the State is hereby given to the acquisition by the United States of any tracts, pieces, or parcels of land within the limits of the State, by purchase or condemnation, for use as sites for locks and dams, or for any other purpose in connection with the improvement of rivers and harbors within and on the borders of the State. The consent hereby given is in accordance with the seventeenth clause of the eighth section of the first article of the Constitution of the United States, and with the acts of Congress in such cases made and provided; and this State retains concurrent jurisdiction with the United States over any lands acquired and held in pursuance of the provisions of this section, so far as that all civil and criminal process issued under authority of any law of this State may be executed in any part of the premises so acquired, or the buildings or structures thereon erected.

History. 1907, c. 681; C.S., s. 8058.

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

  1. The consent of the State is hereby given, in accordance with the seventeenth clause, eighth section, of the first article of the Constitution of the United States, to the acquisition by the United States, by purchase, condemnation, or otherwise, of any land in the State that either is:
    1. Required for customhouses, courthouses, post offices, forts, arsenals, or armories; provided that the total land to be acquired for a particular facility does not exceed 25 acres; or
    2. To be added to Fort Bragg, Pope Air Force Base, Camp Lejeune, New River Marine Corps Air Station, Seymour Johnson Air Force Base, Cherry Point Marine Corps Air Station, Military Ocean Terminal at Sunny Point, or the United States Coast Guard Air Station at Elizabeth City. Any of the land to be added to a military base named in this subdivision shall be contiguous to and within a 25-mile radius of the military base for which the property is acquired.

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

  2. Exclusive jurisdiction in and over any land acquired by the United States with the consent of the State under subsection (a) of this section is hereby ceded to the United States for all purposes for which the United States requests cession of jurisdiction except that jurisdiction in and over these lands with respect to: (i) the service of all civil and criminal process of the courts of this State, (ii) the concurrent power to enforce the criminal law, (iii) the power to enforce State laws for the protection of public health and the environment and for the conservation of natural resources, and (iv) the entire legislative jurisdiction of the State with respect to marriage, divorce, annulment, adoption, commitment of the mentally incompetent, and descent and distribution of property is reserved to the State. Cession of jurisdiction shall continue only so long as the United States owns the land.
  3. The jurisdiction ceded shall not vest until the United States has acquired title to the land by purchase, condemnation, or otherwise; accepted the cession of jurisdiction in writing; and filed a certified copy of the acceptance in the office of the register of deeds in the county or counties in which the land is located.
  4. So long as land acquired with the consent of the State under subsection (a) of this section remains the property of the United States, and no longer, the land shall be exempt and exonerated from all State, county, and municipal taxation, assessment, or other charges that may be levied or imposed under the authority of this State.
  5. Persons residing on lands in the State for which any jurisdiction has been ceded under this section shall not be deprived of any civil or political rights, including the right of suffrage, by reason of the cession of jurisdiction to the United States.

History. 1907, c. 25; C.S., s. 8059; 2005-69, s. 1; 2009-20, s. 1; 2012-18, s. 1.16.

Effect of Amendments.

Session Laws 2005-69, s. 1, effective May 27, 2005, rewrote this section.

Session Laws 2009-20, s. 1, effective April 30, 2009, added subsection (a1).

Session Laws 2012-18, s. 1.16, effective July 1, 2012, deleted the former last two sentences of subsection (c).

Legal Periodicals.

As to note on jurisdiction relative to lands acquired by federal government, see 23 N.C.L. Rev. 258 (1945).

For case law survey on jurisdiction over federal enclave, see 41 N.C.L. Rev. 451 (1963).

CASE NOTES

Jurisdiction Is a Federal Question. —

Whether the United States has acquired jurisdiction over land it owns is a federal question. State v. Smith, 328 N.C. 161 , 400 S.E.2d 405, 1991 N.C. LEXIS 96 , cert. denied, 502 U.S. 956, 112 S. Ct. 414, 116 L. Ed. 2d 435, 1991 U.S. LEXIS 6550 (1991).

Legislative Intent. —

General assembly’s inclusion of the first catch-all phrase, “or other public buildings whatever,” as well as the second, “or for any other purposes of the government,” both speak to this uncertainty, and imply that the legislature intended its consent and cession statute to reach the farthest limits of the enclave clause, whatever they might be. Atl. Marine Corps Cmtys., LLC v. Onslow County, 497 F. Supp. 2d 743, 2007 U.S. Dist. LEXIS 55771 (E.D.N.C. 2007).

No reasonable reading was seen of G.S. 104-7 in light of the phrase “or for any other purposes of the government,” other than the one adopted in State v. Smith, 328 N.C. 161 , 400 S.E.2d 405 (N.C. 1991); i.e., the State ceded all jurisdiction that it could except for the service of process, and this was what the United States accepted. Atl. Marine Corps Cmtys., LLC v. Onslow County, 497 F. Supp. 2d 743, 2007 U.S. Dist. LEXIS 55771 (E.D.N.C. 2007).

Words of G.S. 104-7 and the context in which those words are used leave no ambiguity as to the proper construction, and in such a situation the plain meaning rule is the first and last canon in a court’s analysis and judicial inquiry is complete; the State ceded all jurisdiction that it could except for the service of process. Atl. Marine Corps Cmtys., LLC v. Onslow County, 497 F. Supp. 2d 743, 2007 U.S. Dist. LEXIS 55771 (E.D.N.C. 2007).

Construction. —

Counties’ assertion that G.S. 104-7 must be strictly construed under applicable precedent was rejected; the “unmistakability” doctrine was a special rule of contract interpretation that applied to contracts with the government, not a rule of construction applicable to consent and cession statutes, and the doctrine was not applicable. Atl. Marine Corps Cmtys., LLC v. Onslow County, 497 F. Supp. 2d 743, 2007 U.S. Dist. LEXIS 55771 (E.D.N.C. 2007).

Federal Acquisition of Jurisdiction Over Territory. —

The federal government must acquire State land by condemnation or otherwise. If the state in which the land is situated cedes jurisdiction to the federal government, and if the government accepts jurisdiction, the State no longer has jurisdiction over this territory. State v. Smith, 328 N.C. 161 , 400 S.E.2d 405, 1991 N.C. LEXIS 96 , cert. denied, 502 U.S. 956, 112 S. Ct. 414, 116 L. Ed. 2d 435, 1991 U.S. LEXIS 6550 (1991).

Necessity for Acceptance of Jurisdiction by United States. —

This section cedes exclusive jurisdiction to the United States over the land acquired, but this section and the State of North Carolina cannot compel the United States to accept such jurisdiction over an area. State v. Burell, 256 N.C. 288 , 123 S.E.2d 795, 1962 N.C. LEXIS 444 , cert. denied, 370 U.S. 961, 82 S. Ct. 1621, 8 L. Ed. 2d 827, 1962 U.S. LEXIS 1043 (1962).

When the United States government has not accepted the exclusive jurisdiction over the area ceded by the section, this section is not applicable and the State retains its territorial jurisdiction over the area in question so far as its exercise involves no interference with the carrying out of the federal project. The trial, conviction and judgment imposed upon a defendant by the state court for the felony of assault with intent to commit rape committed in the ceded area is not such interference. State v. Burell, 256 N.C. 288 , 123 S.E.2d 795, 1962 N.C. LEXIS 444 , cert. denied, 370 U.S. 961, 82 S. Ct. 1621, 8 L. Ed. 2d 827, 1962 U.S. LEXIS 1043 (1962).

Jurisdiction on Camp Lejeune Reservation. —

It appears that the State ceded all jurisdiction on the Camp Lejeune reservation that it could, except for the service of process. State v. Smith, 328 N.C. 161 , 400 S.E.2d 405, 1991 N.C. LEXIS 96 , cert. denied, 502 U.S. 956, 112 S. Ct. 414, 116 L. Ed. 2d 435, 1991 U.S. LEXIS 6550 (1991) (decided prior to 2005 amendments) .

North Carolina lacked jurisdiction to try a person as an adult for murders he allegedly committed as a juvenile on the Camp Lejeune military reservation. State v. Smith, 328 N.C. 161 , 400 S.E.2d 405, 1991 N.C. LEXIS 96 , cert. denied, 502 U.S. 956, 112 S. Ct. 414, 116 L. Ed. 2d 435, 1991 U.S. LEXIS 6550 (1991) (decided prior to 2005 amendments) .

Marine Corps Lands. —

North Carolina general assembly consented to the acquisition of the Marine Corps Lands at issue (Marine Corps Air Station New River, Marine Corps Base Camp Lejeune, and Marine Corps Air Station Cherry Point) for the purposes for which they were later acquired, through passage of G.S. 104-7 , in full compliance with the enclave clause. Atl. Marine Corps Cmtys., LLC v. Onslow County, 497 F. Supp. 2d 743, 2007 U.S. Dist. LEXIS 55771 (E.D.N.C. 2007).

Question presented was whether a public/private partnership of the type entered into by plaintiff and the federal government brought about a relinquishment of exclusive federal jurisdiction; the court found that the project did not trigger the springing reversion clause in G.S. 104-7 , that the Marine Corps lands at issue presently remained the property of the United States, and that the government held the lands subject to its primary jurisdiction and control, and as such the lands and all real and personal property located thereon remained beyond the taxing authority of the counties. Atl. Marine Corps Cmtys., LLC v. Onslow County, 497 F. Supp. 2d 743, 2007 U.S. Dist. LEXIS 55771 (E.D.N.C. 2007).

Fixtures and improvements placed upon lands in a military reservation leased from the federal government, as well as the value of the leasehold estate, are subject to taxation in this State, Congress having waived any immunity of such property from taxation. Bragg Inv. Co. v. Cumberland County, 245 N.C. 492 , 96 S.E.2d 341, 1957 N.C. LEXIS 585 (1957).

OPINIONS OF ATTORNEY GENERAL

The United States Constitution precludes the enactment of state legislation which seeks to override lawful uses under federal law of property acquired by the federal government. See opinion of Attorney General to The Honorable Marc Basnight, Senate President Pro Tempore, North Carolina General Assembly, 2004 N.C. Op. Att'y Gen. 1 (1/28/04).

A register of deeds would violate North Carolina law in issuing a marriage license to persons of the same gender and if, in issuing such a license, the register of deeds operates in bad faith he may subject himself to the penalties provided in G.S. 161-27 . See opinion of Attorney General to Mr. Willie L. Covington, Register of Deeds, Durham County Courthouse, 2004 N.C. Op. Att'y Gen. 2 (3/29/04).

§ 104-8. Further authorization of acquisition of land.

The United States is hereby authorized to acquire lands by condemnation or otherwise in this State for the purpose of preserving the navigability of navigable streams and for holding and administering such lands for national park purposes: Provided, that this section and G.S. 104-9 shall in nowise affect the authority conferred upon the United States and reserved to the State in G.S. 104-5 and 104-6.

History. 1925, c. 152, s. 1.

§ 104-9. Condition of consent granted in preceding section.

This consent is given upon condition that the State of North Carolina shall retain a concurrent jurisdiction with the United States in and over such lands so far that civil process in all cases, and such criminal process as may issue under the authority of the State of North Carolina against any person charged with the commission of any crime, without or within said jurisdiction, may be executed thereon in like manner as if this consent had not been given.

History. 1925, c. 152, s. 2.

§ 104-10. Migratory bird sanctuaries or other wildlife refuges.

The United States is authorized to acquire by purchase, or by condemnation with adequate compensation, such lands in North Carolina as in the opinion of the federal government may be needed for the establishment of one or more migratory bird sanctuaries or other wildlife refuges. This consent is given upon condition that the State of North Carolina shall retain a concurrent jurisdiction with the United States in and over such lands so far that civil process in all cases, and such criminal process as may issue under the authority of the State of North Carolina against any person charged with the commission of any crime without or within said jurisdiction, may be executed therein in like manner as if this consent had not been given. Power is hereby conferred upon the Congress of the United States to pass such laws as it may deem necessary to the acquisition as hereinbefore provided, for incorporation in such sanctuaries or refuges such lands lying in North Carolina as in the opinion of the federal government may be suitable and needed for this purpose. Power is hereby conferred upon Congress to pass such laws and to make or provide for the making of such rules and regulations, of both civil and criminal nature, and to provide punishment therefor, as in its judgment may be necessary for the management, control and protection of such lands as may be from time to time acquired by the United States under the provisions of this section.

History. 1929, c. 163, s. 1.

§ 104-11. Utilities Commission to secure rights-of-way, etc., for waterway improvements by use of federal funds.

Hereafter whenever any waterway improvement in North Carolina by the use of federal funds is provided for upon condition that the State or locality shall furnish rights-of-way, permits for the dumping of dredged material, or furnish or do any other thing in connection with the proposed waterway improvement, the Utilities Commission is authorized and empowered to represent the State or locality in such matter of securing the rights-of-way, permits for the dumping of dredged material, or other things so required in connection with such waterway improvement; and in prosecuting such undertaking, the Utilities Commission may follow the same procedure provided in Article 2 for the acquisition of rights-of-way for the intercoastal waterway from the Cape Fear River to the South Carolina line: Provided, however, that said Utilities Commission is not hereby authorized to enter into obligation or contract for the payment of any money or proceeds through condemnation or otherwise without the express approval of the Governor and Council of State.

History. 1935, c. 240; 1937, c. 434.

§ 104-11.1. Governor may accept a retrocession of jurisdiction over federal areas.

Whenever a duly authorized official or agent of the United States, acting pursuant to authority conferred by the Congress, notifies the Governor or any other State official, department or agency, that the United States desires or is willing to relinquish to the State the jurisdiction, or a portion thereof, held by the United States over the lands designated in such notice, the Governor may, in his discretion, accept such relinquishment. Such acceptance may be made by sending a notice of acceptance to the official or agent designated by the United States to receive such notice of acceptance. The Governor shall send a signed copy of the notice of acceptance, together with the notice of relinquishment received from the United States, to the Secretary of State, who shall maintain a permanent file of said notices.

Upon the sending of said notice of acceptance to the designated official or agent of the United States, the State shall immediately have such jurisdiction over the lands designated in the notice of relinquishment as said notice shall specify.

The provisions of this section shall apply to the relinquishment of jurisdiction acquired by the United States under the provisions of this Chapter or any other provision of law.

History. 1957, c. 1202.

Article 2. Inland Waterways.

§ 104-12. Acquisition of land for inland waterway from Cape Fear River; grant of State lands.

For the purpose of aiding in the construction of the proposed inland waterway by the United States from the Cape Fear River at Southport to the North Carolina-South Carolina State line, the Secretary of State is hereby authorized to issue to the United States of America a grant to the land located within said inland waterway, right-of-way, which is to be 1,000 feet to 1,750 feet wide insofar as such land is subject to grant by the State of North Carolina, the said grant to issue upon a certificate furnished to the Secretary of State by the Secretary of War, or by any authorized officer of the corps of engineers of the United States Army, or by any other authorized official, exercising control over the construction of the said waterway. Whenever in the construction of such inland waterway within this State, lands theretofore submerged shall be raised above the water by the deposit of excavated material, the land so formed shall become the property of the United States if within the limits of said inland waterway, right-of-way, herein set out 1,000 feet to 1,750 feet and the Secretary of State is hereby authorized to issue to the United States a grant to the land so formed within the limits above specified, the grant to issue upon a certificate furnished to the Secretary of State by some authorized official of the United States, as above provided. If said lands so required for the inland waterway right-of-way shall be marshlands, or sound lands, the title to which has heretofore been vested in the State Board of Education, the Governor of the State, as President thereof, and the Superintendent of Public Instruction as Secretary, are hereby authorized and required to execute proper conveyance to the United States of America for said marshlands or sound lands, free of cost, both to the State and to the United States government, upon a certificate furnished to said Board of Education by the Secretary of War, or by any authorized officer of the corps of engineers of the United States Army, or by any other authorized official exercising control over the construction of the said inland waterway.

History. 1931, c. 2, s. 1; 2011-183, s. 127(b).

Effect of Amendments.

Session Laws 2011-183, s. 127(b), effective June 20, 2011, substituted “United States Army” for “United States army” in the first and last sentences.

§ 104-13. Utilities Commission to secure right-of-way over private lands; condemnation by United States.

If the title to any part of the lands acquired by the United States government for the construction of such inland waterway from the Cape Fear River at Southport to the North Carolina-South Carolina State line shall be in any private person, company or corporation, railroad company, street railway company, telephone or telegraph company, or other public service corporation or shall have been donated or condemned or any public use by any political subdivision of the State, or if it may be necessary, for the purpose of obtaining the proper title to any lands, the title to which has heretofore been vested in the State Board of Education, then the Utilities Commission, in the name of the State of North Carolina, is hereby authorized and empowered, acting for and in behalf of the State of North Carolina, to secure a right-of-way 1,000 to 1,750 feet wide for said inland waterway across and through such lands or any part thereof, by purchase, donation or otherwise, through agreement with the owner or owners where possible, and when any such property is thus acquired, the Governor and Secretary of State shall execute a deed for the same to the United States; and if for any reason the said Commission shall be unable to secure such right-of-way across any such property by voluntary donation by and/or with the owner or owners, the said Commission acting for and in behalf of the State of North Carolina is hereby vested with the power to condemn the same, and in so doing, the ways, means, methods and procedure of the Chapter of the General Statutes of North Carolina, entitled “Eminent Domain,” shall be used by it as near as the same is suitable for the purposes of this Article, and in all instances, the general and special benefits to the owner thereof shall be assessed as offsets against the damages to such property or lands.

As such condemnation proceedings might result in delay in the acquiring of title to all parts of the right-of-way and in the construction of the said inland waterway by the United States, said Utilities Commission is authorized to enter any of said lands and property and take possession of the same at the time hereinafter provided as needed for this use in behalf of the State or the United States government for the purposes herein set out, prior to the bringing of the proceeding for condemnation and prior to the payment of the money for such land or property under any judgment in condemnation. In the event the owner or owners shall appeal from the report of the commissioners appointed in any condemnation proceeding hereunder, it shall not be necessary for said Commission, acting in behalf of the State of North Carolina, or the United States government, to deposit the money assessed by said commissioners with the clerk.

Whenever proceedings in condemnation are instituted in pursuance of the provisions of this section, the said Commission upon the filing of the petition or petitions in such proceedings, shall have the right to take immediate possession, on behalf of the State, of such lands or property to the extent of the interest to be acquired and the order of the clerk of the superior court of the county where the action is instituted, shall be sufficient to vest the title and possession in the State through the Utilities Commission. The Governor and Secretary of State shall, upon vesting of the title and possession, execute a deed to the United States and said lands or property may then be appropriated and used by the United States for the purposes aforesaid: Provided, that in every case the proceedings in condemnation shall be diligently prosecuted to final judgment in order that the just compensation, if any, to which the owners of the property are entitled may be ascertained and when so ascertained and determined, such compensation, if any, shall be promptly paid as hereinafter in this Article provided.

If the United States government shall so determine, it is hereby authorized to condemn and use all lands and property which may be needed for the purposes herein set out and which is specifically described and set out in the paragraph next preceding, under the authority of said United States government, and according to the provisions existing in the federal statutes for condemning lands and property for the use of the United States government. In case the United States government shall so condemn said land and property, the said Utilities Commission is hereby authorized to pay all expenses of the condemnation proceedings and any award that may be made thereunder, out of the money which may be appropriated for said purposes.

All sums which may be agreed upon between the said Utilities Commission and the owner of any property needed by the United States government for said inland waterway and all sums which may be assessed in favor of the owner of any property condemned hereunder, shall constitute and remain a fixed and valid claim against the State of North Carolina until paid and satisfied in full, but the order of the clerk when entered in any condemnation proceeding shall divest the owner of the land condemned of all right, title, interest and possession in and to such land and property.

History. 1931, c. 2, s. 2; 1937, c. 434.

Legal Periodicals.

For an article urging revision and recodification of North Carolina’s eminent domain laws (prior to the enactment of Chapter 40A), see 45 N.C.L. Rev. 587 (1967).

§ 104-14. Use declared paramount public purpose.

In such condemnation proceedings the uses for which such land or property is condemned are hereby declared to be for a purpose paramount to all other public uses, and the fact that any portion of it has heretofore been condemned by a railroad company, a street railway company, telephone or telegraph company, or other public service corporation, or by any political subdivision of the State of North Carolina, for public uses, or has been conveyed by any person or corporation for any such public uses, or vested in the State Board of Education, or by any other act dedicated to any public use, shall in no way affect the right of the State of North Carolina, or the United States government, to proceed and condemn such land and property as hereinbefore provided.

History. 1931, c. 2, s. 3.

§ 104-15. Method of payment of expenses and awards.

Whenever said Commission has agreed with the owner of any such land or property as to the purchase price thereof, or the damage for the construction of the inland waterway has finally been determined in any condemnation proceeding necessary to secure such land or property, the said Commission is hereby authorized and directed to pay all of said sums and other expenses incident thereto by proper warrant upon the sum which may be appropriated for said purpose, and all such sums shall constitute and remain a fixed and valid claim against the State of North Carolina until paid and satisfied in full.

History. 1931, c. 2, s. 4.

§ 104-16. State and United States may enter upon lands for survey, etc.

For the purpose of determining the lands necessary for the uses herein set out, the Utilities Commission or the United States government, or the agents of either, shall have the right to enter upon any lands along the general line of the right-of-way in this Article specified, and make such surveys, and do such other acts as in their judgment may be necessary for the purpose of definitely locating the specific lines of said right-of-way and the lands required for said purposes, and there shall be no claim against the State of North Carolina or the United States for such acts as may be done in making said surveys.

History. 1931, c. 2, s. 5; 1937, c. 434.

§ 104-17. Construction, maintenance, etc., of bridges over waterway.

The Board of Transportation or the road governing body of any political subdivision of the State of North Carolina is hereby authorized and directed to construct, maintain and operate in perpetuity, all bridges over the waterway without cost to the United States.

History. 1931, c. 2, s. 7; 1933, c. 172, s. 17; 1957, c. 65, s. 11; 1973, c. 507, s. 5.

§ 104-18. Concurrent jurisdiction over waterway.

The State of North Carolina retains concurrent jurisdiction with the United States over any lands acquired and held in pursuance of the provisions of this Chapter, so far as that all civil and criminal process issued under authority of any law of this State may be executed in any part of the premises so acquired for such inland waterway, or for the buildings or constructions thereon erected for the purposes of such inland waterway.

History. 1931, c. 2, s. 8.

§ 104-19. Acquisition of land for inland waterway from Beaufort Inlet; grant of State lands.

For the purpose of aiding in the construction of the proposed inland waterway by the United States from Beaufort Inlet in the State of North Carolina to the Cape Fear River, the Secretary of State is hereby authorized to issue to the United States of America a grant to the land located within said inland waterway, right-of-way, which is to be 1,000 feet wide, insofar as such land is subject to grant by the State of North Carolina, the said grant to issue upon a certificate furnished to the Secretary of State by the Secretary of War, or by any authorized officer of the corps of engineers of the United States Army, or by any other authorized official, exercising control over the construction of the said waterway. Whenever in the construction of such inland waterway within this State, lands theretofore submerged shall be raised above the water by the deposit of excavated material, the land so formed shall become the property of the United States if within the limits of said inland waterway, right-of-way, herein set out 1,000 feet, and the Secretary of State is hereby authorized to issue to the United States a grant to the land so formed within the limits above specified, the grant to issue upon a certificate furnished to the Secretary of State by some authorized official of the United States, as above provided. If said lands so required for the inland waterway right-of-way shall be marshlands, the title to which has heretofore been vested in the State Board of Education, the Governor of the State, as President thereof, and the Superintendent of Public Instruction as Secretary, are hereby authorized and required to execute a proper conveyance to the United States of America for said marshlands, free of cost, both to the State and to the United States government, upon a certificate furnished, to said Board of Education by the Secretary of War, or by any authorized officer of the corps of engineers of the United States Army, or by any other authorized official exercising control over the construction of the said inland waterway.

History. 1927, c. 44, s. 1; 2011-183, s. 127(b).

Effect of Amendments.

Session Laws 2011-183, s. 127(b), effective June 20, 2011, substituted “United States Army” for “United States army” in the first and last sentences.

§ 104-20. Utilities Commission to secure right-of-way; condemnation by United States.

If the title to any part of the lands required by the United States government for the construction of an inland waterway from Beaufort Inlet to the Cape Fear River is owned by a private person, company or corporation, railroad company, street railway company, telephone or telegraph company, or other public service corporation, or has been donated or condemned for any public use by any political subdivision of the State or if it may be necessary, for the purpose of obtaining the proper title to any lands, the title to which has heretofore been vested in the State Board of Education, then the Utilities Commission, in the name of the State of North Carolina, may secure a right-of-way 1,000 feet wide for the inland waterway across and through the lands or any part thereof, if possible by purchase, donation or otherwise, through agreement with the owner or owners, and when any property is thus acquired, the Governor and Secretary of State shall execute a deed for the same to the United States; and if for any reason the Commission is unable to secure a right-of-way across the property by voluntary agreement with the owner or owners as aforesaid, the Commission acting for and in behalf of the State of North Carolina, is hereby vested with the power to condemn the same, and in so doing, the ways, means, methods and procedure of Chapter 40A of the General Statutes of North Carolina, entitled “Eminent Domain,” shall be used by it as near as the same is suitable for the purposes of this law, and in all instances, the general and the special benefits to the owner thereof shall be assessed as offsets against the damages to the property or lands.

As condemnation proceedings might result in delay in the acquiring of title to all parts of the right-of-way and in the construction of the inland waterway by the United States, the Utilities Commission is authorized to enter any of the lands and property and take possession of the same at the time hereinafter provided as needed for this use in behalf of the State or the United States government for the purposes herein set out prior to the bringing of the proceeding for condemnation and prior to the payment of the money for the land or property under any judgment in condemnation. In the event the owner or owners shall appeal from the report of the commissioners appointed in the condemnation proceeding it shall not be necessary for the Commission, acting in behalf of the State of North Carolina, the State of North Carolina, or the United States government, to deposit the money assessed by the commissioners with the clerk.

Whenever proceedings in condemnation are instituted under the provisions of this section, the Commission upon the filing of the petition or petitions in the proceedings, may take immediate possession on behalf of the State of the lands or property to the extent of the interest to be acquired and the Governor and Secretary of State shall thereupon execute a deed to the United States and the lands or property may then be appropriated and used by the United States for the purposes described in this section. Provided, that in every case the proceedings in condemnation shall be diligently prosecuted to final judgment in order that the just compensation to which the owners of the property are entitled may be ascertained and when so ascertained and determined the compensation shall be promptly paid as hereinafter in this law provided.

If the United States government shall so determine, it is hereby authorized to condemn and use all lands and property that may be needed for the purposes herein set out and which is specifically described and set out in the preceding paragraphs, under the authority of the United States government, and according to the provisions existing in the federal statutes for condemning lands and property for the use of the United States government. In case the United States government shall so condemn the land and property, the Utilities Commission is hereby authorized to pay all expenses of the condemnation proceedings and any award that may be made thereunder, out of the money that may be appropriated for these purposes.

History. 1927, c. 44, s. 2; 1929, c. 4; c. 7, s. 1; 1937, c. 434; 2001-487, s. 38(d).

§ 104-21. Use declared paramount public purpose.

In such condemnation proceedings the uses for which such land or property is condemned are hereby declared to be for a purpose paramount to all other public uses, and the fact that any portion of it has heretofore been condemned by a railroad company, street railway company, telephone or telegraph company, or other public service corporation, or by any political subdivision of the State of North Carolina, for public uses, or has been conveyed by any person or corporation for any such public uses, or vested in the State Board of Education, shall in no way affect the right of the State of North Carolina, or the United States government, to proceed and condemn such land and property as hereinbefore provided.

History. 1927, c. 44, s. 3.

§ 104-22. Method of payment of expenses and awards.

Whenever said Commission has agreed with the owner of any such land or property as to the purchase price thereof, or the damage for the construction of the inland waterway has finally been determined in any condemnation proceeding necessary to secure such land or property, the said Commission is hereby authorized and directed to pay all of said sum and other expenses incident thereto by proper warrant upon the sum which may be appropriated for said purpose, and all such sums shall constitute and remain a fixed and valid claim against the State of North Carolina until paid and satisfied in full.

History. 1927, c. 44, s. 4.

§ 104-23. Maintenance and operation of bridges over waterway.

The Board of Transportation or the road governing body of any political subdivision of the State of North Carolina is hereby authorized and directed to take over and maintain and operate in perpetuity, by contract with the United States government, if necessary, or otherwise, any bridge or bridges which may be subject to their respective control and which the United States government may construct across said inland waterway.

History. 1927, c. 44, s. 6; 1929, c. 4; c. 7, s. 2; 1957, c. 65, s. 11; 1973, c. 507, s. 5.

§ 104-24. Concurrent jurisdiction over waterway.

The State of North Carolina retains concurrent jurisdiction with the United States over any lands acquired and held in pursuance of the provisions of this Chapter, so far as that all civil and criminal process issued under authority of any law of this State may be executed in any part of the premises so acquired for such inland waterway, or for the buildings or constructions thereon erected for the purposes of such inland waterway.

History. 1927, c. 44, s. 7.

§ 104-25. Lands conveyed to United States for inland waterway.

For the purpose of aiding in the construction of a proposed inland waterway by the United States from the City of Norfolk, in the State of Virginia, to Beaufort Inlet, in the State of North Carolina, the Secretary of State is hereby authorized to issue to the United States of America a grant to the land located within a distance of 1,000 feet on either side of the center of the said inland waterway, insofar as such land is subject to grant by the State of North Carolina, the said grant to issue upon a certificate furnished to the Secretary of State by the Secretary of War, or by any authorized officer of the corps of engineers of the United States Army, or by any other authorized official, exercising control of the construction of the said waterway.

Wherever, in the construction of the said inland waterway, lands theretofore submerged shall be raised above the water by deposit of excavated material, the lands so formed shall become the property of the United States for a distance of 1,000 feet on either side of the center of such canal or channel, and the Secretary of State is hereby authorized to issue to the United States a grant to the land so formed within the distance above mentioned, the grant to issue upon a certificate furnished to the Secretary of State by some authorized official of the United States as above provided.

History. 1913, c. 197; C.S., s. 7583; 1937, c. 445; 2011-183, s. 127(b).

Effect of Amendments.

Session Laws 2011-183, s. 127(b), effective June 20, 2011, substituted “United States Army” for “United States army” in the first paragraph.

§§ 104-26 through 104-30.

Reserved for future codification purposes.

Article 3. Jurisdiction over National Park System Lands.

§ 104-31. Governor authorized to cede jurisdiction.

  1. Whenever the United States shall desire to acquire legislative jurisdiction over any lands of the national park system within this State and shall make application for that purpose, the Governor is authorized to cede to the United States such measure of jurisdiction, not exceeding that requested by the United States, as he may deem proper over all or any part of such lands as to which a cession of legislative jurisdiction is requested, reserving to the State such concurrent or partial jurisdiction as he may deem proper.
  2. Said application on behalf of the United States shall state in particular the measure of jurisdiction desired and shall be accompanied by an accurate description of the lands of the national park system over which such jurisdiction is desired and information as to which of such lands are then owned or leased by the United States.
  3. Said cession of jurisdiction shall become effective when it is accepted on behalf of the United States, which acceptance shall be indicated, in writing upon the instrument of cession, by an authorized official of the United States and admitting it to record in the appropriate land records of the county in which lands are situated.

History. 1979, c. 560, s. 1.

§ 104-32. Jurisdiction reserved.

Notwithstanding any other provision of law, there are reserved over any lands as to which any legislative jurisdiction may be ceded to the United States pursuant to this Article, the State’s entire legislative jurisdiction with respect to taxation and that of each State agency, county, city, political subdivision, and public district of the State; the State’s entire legislative jurisdiction with respect to marriage, divorce, annulment, adoption, commitment of the mentally incompetent, and descent and distribution of property; concurrent power to enforce the criminal law; and the power to execute any process, civil or criminal, issued under the authority of the State; nor shall any persons residing on such lands be deprived of any civil or political rights, including the right of suffrage, by reason of the cession of such jurisdiction to the United States.

History. 1979, c. 560, s. 1.

CASE NOTES

Murder Prosecution. —

Even assuming that discovery of the murder victim’s corpse on federal lands was determinative on the issue of the location where her murder was effected, the state court nevertheless retained criminal jurisdiction over the murder trial. State v. Rice, 129 N.C. App. 715, 501 S.E.2d 665, 1998 N.C. App. LEXIS 767 (1998).

§ 104-33. Applicability of Article.

The provisions of this Article shall not apply to any lands owned by the United States and held in trust for the Eastern Band of Cherokee Indians, located in Jackson, Swain, Graham, or Cherokee Counties.

History. 1979, c. 560, s. 2.