Exclusive jurisdiction in and over any lands acquired by the United States as provided in Code Section 50-2-22 is ceded to the United States for all purposes except service upon such lands of all civil and criminal process of the courts of this state; but the jurisdiction so ceded shall continue no longer than the United States shall own such lands. The state retains its civil and criminal jurisdiction over persons and citizens in the ceded territory, as over other persons and citizens in this state, except as to any ceded territory owned by the United States and used by the Department of Defense and except as to any ceded territory owned by the United States and used by the Department of Justice for penal institutions, custodial institutions, or correctional institutions, but the state retains jurisdiction over the taxation of private property and the regulation of public utility services in any ceded territory. Nothing in this Code section shall interfere with the jurisdiction of the United States over any matter or subjects set out in the acts of Congress donating money for the erection of public buildings for the transaction of its business in this state or with any laws, rules, or regulations that Congress may adopt for the preservation and protection of its property and rights in the ceded territory and the proper maintenance of good order therein.
(Ga. L. 1890-91, p. 201, § 1; Civil Code 1895, § 25; Civil Code 1910, § 26; Ga. L. 1927, p. 352, § 2; Code 1933, § 15-302; Ga. L. 1952, p. 264, § 1; Ga. L. 1963, p. 555, § 1.)
OPINIONS OF THE ATTORNEY GENERAL
Regulating public utilities in any ceded territory is not incompatible with the Georgia Constitution and former Code 1933, § 15-302 (see O.C.G.A. § 50-2-23) effectively ceded jurisdiction over lands used by the Department of Defense. 1952-53 Op. Att'y Gen. p. 8.
Taxation of property of public utilities on federal property.- State has jurisdiction, for purposes of taxation, of property of public utilities located on property in this state belonging to the federal government. 1952-53 Op. Att'y Gen. p. 186.
Board usually has no authority to regulate post-secondary educational institutions.- State Board of Education is without authority to regulate post-secondary educational institutions which are operated on federal military bases, unless the authority to do so is granted by federal statute, regulation, or consent. 1978 Op. Att'y Gen. No. 78-67.
Coroner has no authority to sign death certificate of civilian employee of the United States army who committed suicide on a military reservation within the boundaries of a county of Georgia. 1975 Op. Att'y Gen. No. 75-97.
Building safety council has no right or duty to inspect: (a) properties of the federal government such as military reservations; or (b) properties, such as military housing projects, owned by the government but leased to private persons for nongovernmental uses. 1948-49 Op. Att'y Gen. p. 394.
Federal installations purchasing distilled spirits directly from distiller.- Military or naval installation which is located on property that has been ceded to the United States by this state has the right to buy distilled spirits directly from the distiller without the payment of Georgia tax or warehouse charges. 1948-49 Op. Att'y Gen. p. 591.
Juvenile court does not have jurisdiction on military base.- Fort Stewart remains in the exclusive jurisdiction of the federal government and the Juvenile Court of Liberty County does not have jurisdiction over juveniles who have allegedly committed delinquent acts on the military base. 1994 Op. Att'y Gen. No. U94-10.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Lands, § 125. 77 Am. Jur. 2d, United States, § 33 et seq.
ALR.
- Applicability of statute or municipal regulations to contracts for performance of work on land owned or leased by federal government, 127 A.L.R. 827.