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Current as of January 01, 2024 | Updated by Findlaw Staff
1. The state accepts the relinquishment of exclusive legislative jurisdiction from the United States in accordance with this section.
2. The state has concurrent legislative jurisdiction with the United States over any United States military installation under the control of the United States which is located within the boundaries of this state.
3. The concurrent legislative jurisdiction over a United States military installation under this section is effective upon the governor's written acceptance of a request filed by the principal officer, or other authorized representative who has supervision or control over the military installation under chapter 159 of United States Code title 10 [10 U.S.C. 2683], of the military installation where concurrent legislative jurisdiction is sought, relinquishing exclusive legislative jurisdiction and retaining concurrent legislative jurisdiction over the military installation.
4. The governor may not accept a request filed under subsection 3 unless the request:
a. States the name, position, and authority of the individual requesting the cession;
b. States the subject matter for the concurrent jurisdiction request;
c. Describes by metes and bounds the United States military installation subject to the concurrent legislative jurisdiction request; and
d. Indicates whether the request includes future contiguous expansions of land acquired for military purposes.
5. If the governor accepts a request filed under subsection 3:
a. The governor's acceptance must state each element of the request which is accepted; and
b. The governor shall submit the following documents to the secretary of state to index and submit copies to the individual who filed the request for concurrent legislative jurisdiction:
(1) The request for concurrent legislative jurisdiction;
(2) The governor's written acceptance of concurrent legislative jurisdiction; and
(3) A description by metes and bounds of the United States military installation subject to the concurrent legislative jurisdiction.
6. The state may not incur or assume liability as a result of accepting concurrent legislative jurisdiction under this section.
7. After concurrent legislative jurisdiction is established under this section, a state agency or a political subdivision may enter a reciprocal agreement with a United States agency to designate duties related to the concurrent legislative jurisdiction between the parties.
Cite this article: FindLaw.com - North Dakota Century Code Title 54. State Government § 54-01-09.4. United States military installations--Concurrent jurisdiction - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-54-state-government/nd-cent-code-sect-54-01-09-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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