38 U.S.C. § 8508 — Relinquishment of Federal jurisdiction
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 158 words · no verdicts yet
The federal government gives states back control over deceased people's estates on facility land. This applies to jurisdiction the state originally gave to the federal government. It doesn't take away power the state already had, or give states authority over federal officials.
This section applies within the limits of this subchapter, and only as far as needed to carry out its purposes. It gives back to a state* (or a U.S. dependency) the legal authority over decedents' estates that the state had earlier given to the federal government — but only for the specific federal land where a Department* facility sits, while the Department is operating it. Once given back, the state's authority over that property works exactly as if the land had never been given to the federal government in the first place.
Nothing in this section takes away any jurisdiction a state or dependency already has. And nothing in this section gives any state, possession, or dependency authority over a federal official acting in that role, on that land or anywhere else.
Subject to the provisions of this subchapter and to the extent necessary to effectuate the purposes of this subchapter, there is hereby relinquished to the respective State* or dependency of the United States such jurisdiction pertaining to the administration of estates of decedents as may have been ceded to the United States by said State or dependency of the United States respecting the Federal reservation on which is situated any Department* facility while such facility is operated by the Department; such jurisdiction with respect to any such property on any such reservation to be to the same extent as if such premises had not been ceded to the United States. Nothing in this section shall be construed to deprive any State or dependency of the United States of any jurisdiction which it now has nor to give any State, possession, or dependency of the United States authority over any Federal official as such on such premises or otherwise.
Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1259, § 5208; renumbered § 8508, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1259
- 1991Amended · Pub. L. 102-40 · 105 Stat. 238
- 1991Amended · Pub. L. 102-83 · 105 Stat. 404
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.
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