GRANTS TO UNITED STATES OF LANDS AND RIGHTS TO ACQUIRE

KRS tit. I, ch. 3

in effect

KRS 3.010 Consent of state to acquisition of lands

3.010. Consent of state to acquisition of lands The Commonwealth of Kentucky consents to the acquisition by the United States of all lands and appurtenances in this state, by condemnation, gift or purchase, which are needful to their constitutional purposes, but said acquisition shall not be deemed to result in a cession of jurisdiction by this Commonwealth. Effective: June 17, 1954 History: Amended 1954 Ky. Acts ch. 217, sec. 1, effective June 17, 1954. -- Amended 1944 Ky. Acts ch. 173, sec. 1, effective June 13, 1944. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2376, 2376a-1, 2376c- 1.

KRS 3.020 Jurisdiction retained for execution of process

3.020. Jurisdiction retained for execution of process Kentucky retains jurisdiction for the execution of process, issued under its authority, over all lands in Kentucky heretofore or hereafter ceded to or acquired by the United States for the erection or establishment of post offices, custom houses, courthouses, locks, dams, canals, parks, cemeteries, or forest reserves. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2376a-1, 2376b-1, 2376c-1, 2376e-2, 2739f-2, 2739f-8, 3766e-17, 3766e- 30.

KRS 3.025 Jurisdiction over federal correctional institution at Ashland ceded

3.025. Jurisdiction over federal correctional institution at Ashland ceded Kentucky cedes to the United States jurisdiction over the area embraced by the federal correctional institution at Ashland. Effective: June 16, 1960 History: Created 1962 Ky. Acts ch. 190, sec. 1, effective June 16, 1960.

KRS 3.026 Jurisdiction over federal correctional institution at Fayette County ceded

3.026. Jurisdiction over federal correctional institution at Fayette County ceded Kentucky cedes to the United States jurisdiction over the area embraced by the federal correctional institution at Fayette County. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 134, sec. 1, effective July 13, 1984.

KRS 3.027 Jurisdiction over federal correctional institution at Manchester ceded

3.027. Jurisdiction over federal correctional institution at Manchester ceded Kentucky cedes to the United States concurrent civil and criminal jurisdiction over all of the land and premises acquired by the United States in Clay County constituting the federal correctional institution at Manchester. Effective: April 29, 1994 History: Created 1994 Ky. Acts ch. 8, sec. 1, effective April 29, 1994. Legislative Research Commission Note (7/15/94). By a letter dated April 29, 1994, the Attorney General of the United States advised the Governor of Kentucky that the United States accepted jurisdiction over the correctional facility as provided by 1994 Ky. Acts ch. 8, sec. 2, thereby making effective this statute.

KRS 3.028 Jurisdiction over federal correctional facilities in McCreary and Martin Counties ceded

3.028. Jurisdiction over federal correctional facilities in McCreary and Martin Counties ceded (1) Kentucky cedes to the United States concurrent civil and criminal jurisdiction over all of the lands acquired by the United States in McCreary County and Martin County acquired for a United States penitentiary and ancillary correctional facilities, including lands now owned and adjacent lands that may be acquired by the United States in the future as part of said correctional facilities. (2) The cession granted hereby shall remain in effect as to all of said land, or any portion thereof that continues to be owned by the United States and used as a United States penitentiary and ancillary correctional facilities. Effective: March 1, 2002 History: Created 2002 Ky. Acts ch. 13, sec. 1, effective March 1, 2002.

KRS 3.030 Jurisdiction over military post (Fort Knox) at West Point ceded

3.030. Jurisdiction over military post (Fort Knox) at West Point ceded Kentucky cedes to the United States all the rights and jurisdiction which she now possesses over the land and premises in the vicinity of West Point, Kentucky, conveyed or to be conveyed to the United States for the purpose of establishing a permanent camp of instruction and military post, so long as the same shall remain the property of the United States. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2376d-1.

KRS 3.040 Jurisdiction of military park at Perryville ceded

3.040. Jurisdiction of military park at Perryville ceded Kentucky cedes its jurisdiction to the United States over so much of any lands, not exceeding three thousand (3,000) acres, as may be selected in Boyle County, near Perryville, for the purpose of establishing, maintaining, beautifying and protecting a national military park at the battlefield of Perryville. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2376b-1.

KRS 3.050 Perryville battlefield to be conveyed to the United States

3.050. Perryville battlefield to be conveyed to the United States (1) Whenever the United States Congress enacts a law authorizing the United States to take over the Perryville battlefield, now in the hands of the Division of Parks, the Governor shall appoint a commissioner who shall make and execute on behalf of Kentucky, a deed conveying fee simple title to the United States for national cemetery or park purposes, in conformity with the provisions of the Act of Congress when enacted, seventeen and three-fourths (17.75) acres of land, more or less, in Boyle County, Kentucky, now owned and held by the Commonwealth of Kentucky, together with all improvements thereon and appurtenances thereunto belonging. The conveyance shall be made free of any cost or charge to the United States for the property conveyed. The commissioner may ascertain by survey or otherwise the metes and bounds of the land conveyed and include in the deed an appropriate description of the land. The deed shall contain a clause to the effect that, when the United States shall cease to use or maintain the land conveyed as a national cemetery or park, upon demand of the Governor of Kentucky, it shall revert to Kentucky, and complete jurisdiction over it shall be again vested in Kentucky. The deed shall be in a form agreeable to the provisions of the Act of Congress, when enacted. (2) When the conveyance to the United States is made, the jurisdiction of Kentucky shall thereby be ceded to and vested in the United States over the land conveyed. The jurisdiction hereby ceded shall continue no longer than the United States of America shall own the land. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739f-8.

KRS 3.060 Zachary Taylor burial grounds ceded

3.060. Zachary Taylor burial grounds ceded (1) Kentucky cedes its jurisdiction to the United States over all that portion of the Zachary Taylor burial grounds and appurtenances in Jefferson County which were conveyed by Kentucky to the United States for national cemetery purposes, so long as the United States shall own the land. (2) If and when the remaining portions of said burial grounds, or any of them, or any approaches thereto, shall be conveyed to the United States, the jurisdiction of Kentucky over same shall be thereby ceded to, and shall vest in the United States, so long as same shall be used for national cemetery purposes. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739f-2.

KRS 3.070 Jurisdiction of land for Mammoth Cave National Park ceded

3.070. Jurisdiction of land for Mammoth Cave National Park ceded (1) The United States is authorized to acquire, pursuant to the provisions of this section, as well as in pursuance to KRS 148.111, 148.121, 148.141 and 148.151, the lands, including the caves and caverns underlying the same, within the area hereinafter referred to, as well as any lands contiguous or adjacent thereto which may hereafter be duly authorized for acquisition for national park purposes, for the purpose of converting same into, and for the establishment and maintenance thereon of, a national park as contemplated and provided for by the Act of Congress entitled "An Act to provide for the establishment of the Mammoth Cave National Park in the State of Kentucky, and for other purposes," approved May 25, 1926 (44 Stat. 635), and any amendments thereto. The lands, consisting of approximately 70,618 acres, are situated in the counties of Edmonson, Barren and Hart, in Kentucky. The general boundaries thereof are set forth in the report of the Southern Appalachian National Park Commission to the Secretary of the Interior, under the date of April 8, 1926. (2) The jurisdiction of Kentucky is ceded to the United States over, within and under all the territory so acquired by the United States. Kentucky reserves the right to tax sales of gasoline and other motor conveyance fuels and oils for use in motor conveyances, except to the extent that such gasoline and other fuels and oils are used by the United States and its agents in the administration, protection, improvement, maintenance, development and operation of the land, and the right to tax persons, their franchises and properties, on the land so acquired. Persons residing on the land shall have the right to vote at all elections within the respective counties of their residence the same as if the land had not been acquired by the United States. Jurisdiction shall not vest in the United States until the United States, through the Secretary of the Interior, notifies the Governor of Kentucky that the United States assumes police jurisdiction over the land so acquired. Effective: June 16, 1966 History: Amended 1966, ch. 255, sec. 1, effective June 16, 1966. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3766e-16 to 3766e-18.

KRS 3.080 Consent to acquisition of national forest reserves -- Jurisdiction

3.080. Consent to acquisition of national forest reserves -- Jurisdiction (1) Kentucky consents to the acquisition by the United States, by purchase or gift, or by condemnation, of such lands within the boundaries of Kentucky as in the opinion of the United States are needed for the establishment of national forest reserves within prescribed areas. Before such establishment the written approval and consent of the Governor of Kentucky, recorded in his office, shall be given as to the area of lands acquired by the United States. (2) When forest reserves are established by the United States, either under existing federal statutes or any hereinafter enacted, then consent of Kentucky is given for 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 provide punishment therefor, as in its judgment may be necessary for the management, control and protection of the land as may be acquired by the United States under the provisions of this section. Effective: June 13, 1944 History: Amended 1944 Ky. Acts ch. 173, sec. 2, effective June 13, 1944. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3766e- 30, 3766e-31.

KRS 3.090 General Assembly to be furnished request for cession of jurisdiction of land to United States

3.090. General Assembly to be furnished request for cession of jurisdiction of land to United States Except as otherwise provided in KRS 3.255 to 3.275, whenever the United States, or any agency thereof, shall request the Commonwealth to cede jurisdiction over any area, it shall be the duty of the Governor to transmit such request to the next session of the General Assembly for such action as it may deem proper. Effective: June 17, 1978 History Amended 1978 Ky. Acts ch. 68, sec. 7, effective June 17, 1978. -- Created 1954 Ky. Acts ch. 217, sec. 2, effective June 17, 1954.

KRS 3.100 Letter accepting jurisdiction by United States to be entered upon executive journal

3.100. Letter accepting jurisdiction by United States to be entered upon executive journal Whenever the United States accepts the cession of jurisdiction over any area, the letter of acceptance shall be entered upon the executive journal. Effective: June 17, 1954 History: Created 1954 Ky. Acts ch. 217, sec. 3, effective June 17, 1954.

KRS 3.110 Consent to retrocession of jurisdiction by United States

3.110. Consent to retrocession of jurisdiction by United States Except as otherwise provided in KRS 3.255 to 3.275, the Commonwealth consents to any retrocession by the United States of lands within its geographical boundaries whenever the United States shall have ceased to exercise exclusive or special jurisdiction over such lands. Inter alia, the conveyance of lands to private owners shall be deemed to constitute a retrocession of jurisdiction. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 68, sec. 8, effective June 17, 1978. -- Created 1954 Ky. Acts ch. 217, sec. 4, effective June 17, 1954.

KRS 3.250 Legislative finding

3.250. Legislative finding The General Assembly finds that it is desirable that the Commonwealth of Kentucky and the United States exercise concurrent legislative jurisdiction for purposes of criminal law enforcement over lands of the National Park System of the United States Department of the Interior lying within the Commonwealth of Kentucky, and to that end KRS 3.255 to 3.275 provides a mechanism for the adjustment of legislative jurisdiction. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 68, sec. 1, effective June 17, 1978

KRS 3.255 Definition

3.255. Definition "Concurrent legislative jurisdiction for purposes of criminal law enforcement," as used in KRS 3.250 to 3.275, means the joint power of the United States and the Commonwealth of Kentucky to enact and enforce their own criminal laws, including those pertaining to motor vehicle traffic control, over the lands in question. Under concurrent legislative jurisdiction for purposes of criminal law enforcement, both the United States and the Commonwealth of Kentucky, or either of them, may take jurisdiction over a given criminal offense, according to the laws of the respective sovereign. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 68, sec. 2, effective June 17, 1978.

KRS 3.260 Application by United States for concurrent legislative jurisdiction -- Procedure

3.260. Application by United States for concurrent legislative jurisdiction -- Procedure (1) Whenever the United States shall desire to acquire concurrent legislative jurisdiction for purposes of criminal law enforcement over any lands within this Commonwealth which the United States has or shall have acquired for purposes of the establishment or extension of a unit of the National Park System of the United States Department of the Interior and shall make application for that purpose, Kentucky cedes such measure of legislative jurisdiction, not exceeding that requested by the United States, as may be necessary to enable the United States and the Commonwealth of Kentucky to exercise concurrent legislative jurisdiction for purposes of criminal law enforcement over such lands. The Governor is directed to negotiate with the United States, on behalf of the General Assembly, the administrative details of any such cession, which details shall be included in the instrument of cession. (2) Said application on behalf of the United States shall be accompanied by an accurate description of the lands over which such concurrent legislative jurisdiction for purposes of criminal law enforcement is desired. (3) Said cession of legislative jurisdiction shall become effective when the instrument of cession is signed by the Governor and the acceptance of jurisdiction by the United States is indicated in writing upon the instrument of cession by the United States Secretary of the Interior or his designee and entered upon the executive journal. In the event the Governor is of the opinion that the cession of legislative jurisdiction embodied in any proposed instrument of cession exceeds the measure of legislative jurisdiction necessary to enable the United States and the Commonwealth of Kentucky to exercise concurrent legislative jurisdiction for purposes of criminal law enforcement over the lands in question, he shall not sign the instrument of cession, and the cession shall not become effective until the General Assembly, at its next session, shall approve same. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 68, sec. 3, effective June 17, 1978

KRS 3.265 Limitation of jurisdiction ceded

3.265. Limitation of jurisdiction ceded (1) The powers conferred by KRS 3.255 to 3.275 are solely to enable the Commonwealth and the United States to exercise concurrent legislative jurisdiction for purposes of criminal law enforcement over United States Department of the Interior National Park System lands in Kentucky. No other legislative jurisdiction is ceded by KRS 3.255 to 3.275, and there are specifically reserved over any lands as to which any legislative jurisdiction may be ceded pursuant to KRS 3.255 to 3.275: (a) The entire legislative jurisdiction with respect to taxation of the Commonwealth, and of each state agency, county, urban-county government, city, special district and other political subdivision; (b) The entire legislative jurisdiction of the Commonwealth with respect to marriage, divorce, annulment, adoption, the commitment or other civil disposition of the mentally incompetent, and the descent and distribution of property; and (c) The power to execute any process, civil or criminal, issued under the authority of the Commonwealth. (2) No person residing upon such lands shall be deprived of any civil or political rights by reason of the cession of such legislative jurisdiction to the United States. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 68, sec. 4, effective June 17, 1978. Note: 1980 Ky. Acts ch. 396, sec. 43 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 3.270 Relinquishment of legislative jurisdiction by United States -- Acceptance -- Governor's duties

3.270. Relinquishment of legislative jurisdiction by United States -- Acceptance -- Governor's duties (1) Whenever the United States, in order to enable the Commonwealth and the United States to exercise concurrent legislative jurisdiction for purposes of criminal law enforcement, tenders to the Commonwealth a relinquishment of all or part of the legislative jurisdiction theretofore acquired by it over lands within this Commonwealth for purposes of the establishment or extension of a unit of the National Park System of the United States Department of the Interior, Kentucky accepts the legislative jurisdiction so relinquished. (2) The acceptance of such relinquishment of jurisdiction shall be indicated by a writing signed by the Governor addressed to the United States Secretary of the Interior, or as the laws of the United States may otherwise provide, and such acceptance shall be effective when said writing is deposited in the United States mails or, if it is not mailed, when it is personally handed to the Secretary of the Interior or his designee. (3) The Governor shall negotiate with the United States, on behalf of the General Assembly, the administrative details of any relinquishment of jurisdiction by the United States under the provisions of KRS 3.255 to 3.275. In the event the Governor is of the opinion that the relinquishment of legislative jurisdiction tendered by the United States exceeds that necessary to enable the Commonwealth and the United States to exercise concurrent legislative jurisdiction for purposes of criminal law enforcement over the lands in question, or commits the Commonwealth or any of its political subdivisions to expenses or obligations beyond those necessarily entailed by the exercise of concurrent legislative jurisdiction for purposes of criminal law enforcement over the lands in question, the Governor shall not indicate the acceptance of such relinquishment of jurisdiction, and such acceptance shall not become effective until the General Assembly, at its next session, shall approve same. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 68, sec. 5, effective June 17, 1978.

KRS 3.275 Consultation with appropriate local authorities

3.275. Consultation with appropriate local authorities Whenever an acceptance or cession of legislative jurisdiction is sought by the United States pursuant to the terms of KRS 3.255 to 3.275, the Governor, prior to negotiating the administrative details of any such acceptance or cession, shall consult with the appropriate local authorities within whose territorial jurisdictions the lands in question lie, including, but not limited to the county judges/executive, the mayors and the sheriffs. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 68, sec. 6, effective June 17, 1978.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37026Fetched: 10/20/2026