Article One, Section 8, Clause 17, offers the only provision in the Federal Constitution for federal ownership of land. It provides for the creation of Washington, D.C. as the seat of the federal government and allows the federal government to purchase lands in a state with “...the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.”
This is the only kind of property that the federal government is empowered to own in a state. The federal government cannot own forest lands. Why? Because no such power has ever been delegated to it and the Tenth Amendment prohibits the federal government from assuming any power which has not been delegated to it by the Constitution: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” This is the first constitutional fact of life preventing federal public land ownership within a state.
US SUPREME COURT RULINGS ..
”A state retains complete and exclusive political jurisdiction over land purchased by the United States without the consent of the state or where political jurisdiction has not been otherwise ceded to the United States by the state.” (US v. San Francisco Bridge Co., D.C.Cal. 1898, 88 F. 891).
”When United States acquires property by purchase, consent of state must be secured before United States has complete jurisdiction over property.” (Hayes v. US, C.A.Kan. 1966, 367 F.2d 216).
”Constitution prescribes the only mode by which the United States can acquire land as a sovereign power, and, therefore, they hold only as an individual when they obtain it in any other manner.” (US v. Penn, C.C.Va. 1880, 48 F. 669).
”When land or other property is acquired by United States by purchase or condemnation without consent of state legislature, it would not be entitled to exercise exclusive jurisdiction over property, as state has retained right to exercise its general police powers.” (McEachin v. US, D.C.App. 1981, 432 A.2d 1212).
. Devil's native toungue is lying. He is nothing but deceitful. This should come as no surprise. Discussing whether the statue is wrong, right or politically correct is for ANOTHER site. This here is a CHRISTIAN site. Christians ARE NOT ignorant to the spiritual war we are in.
