Colorado § 3-1-119 - Jurisdiction of Fort Logan ceded.

§ 3-1-119. Jurisdiction of Fort Logan ceded.

Whenever any officer or officers of the United States, thereunto duly authorized, shall designate or select a tract of six hundred and forty acres of land at or near the city of Denver, in the state of Colorado, as and for the site of a military post, and the title thereto shall have been conveyed and confirmed to the United States of America by the owner or owners thereof, the governor of this state shall make, execute, and deliver to the United States of America a deed, sealed with the great seal of the state of Colorado, and attested by the secretary of state, containing apt, meet, and proper words, clauses, and covenants to fully cede, give, grant, transfer, confer, and confirm exclusive jurisdiction for all purposes whatsoever, over such tract of land, and all and every part thereof, unto the United States of America; but nevertheless, therein reserving to this state jurisdiction to serve the civil process of state, county, and municipal courts and tribunals within said tract of lands; to serve and execute therein processes in criminal cases by state, county, and municipal officers in respect to offenses, misdemeanors, crimes, and felonious acts committed outside of said tract, and at, from and after the making, executing, ensealing, attesting, and delivery of such deed, exclusive jurisdiction shall vest in and remain in the United States of America, for and during all the time the United States shall remain the owner of said tract, subject only to the state jurisdiction for the service of execution and process reserved to this state over said tract of land so ceded, granted, transferred, confirmed, and conferred unto the United States of America, for and during the time the United States shall remain the owner thereof.

Source: L. 1887: p. 339, § 1. R.S. 08: § 6920. C.L. § 513. CSA: C. 168, § 22. CRS 53: § 142-1-22. C.R.S. 1963: § 143-1-22.

Cross references: For acquisition of portions of this property by the state for the mental health institute at Fort Logan, see § 25-1-117; for establishment of the mental health institute at Fort Logan, see article 94 of title 27.

ANNOTATION

The deed ceding land to the United States for a military post later called Fort Logan was signed on June 14, 1887. Bd. of County Comm'rs v. Donoho, 144 Colo. 321, 356 P.2d 267 (1960).

The deed went beyond the language of this section in that it contained an additional provision that any property on the post should remain released and exempt from all tollages, taxes and assessments of every name and nature for and during the time the United States shall remain the owner thereof. Bd. of County Comm'rs v. Donoho, 144 Colo. 321, 356 P.2d 267 (1960).

In view of the fact that "exclusive legislative" jurisdiction does not operate as an absolute prohibition against state laws but has for its purpose protection of federal sovereignty, the Supreme Court concludes that it does not operate to prohibit the payment of relief under § 26-3-101 itself to a resident of Fort Logan. Bd. of County Comm'rs v. Donoho, 144 Colo. 321, 356 P.2d 267 (1960).

There is no clear conflict between the terms of § 26-3-101 and the exercise of necessary functions in carrying out the relief program, in the light of the geographical location of the federal enclave, Fort Logan. Bd. of County Comm'rs v. Donoho, 144 Colo. 321, 356 P.2d 267 (1960).

The conferring of a benefit required by federal law cannot be construed as an act which undermines the federal sovereignty. Bd. of County Comm'rs v. Donoho, 144 Colo. 321, 356 P.2d 267 (1960).

Indeed by paying relief in these circumstances, the federal policy to recognize citizens of the United States is fostered and promoted. Bd. of County Comm'rs v. Donoho, 144 Colo. 321, 356 P.2d 267 (1960).