Conflict of Laws-State Cession of Territory-Effect of Exclusive Jurisdiction by Federal Government on State Law

Authors

William R. Nicholas, University of Michigan Law SchoolFollow

Abstract

County welfare board refused claimant, a civilian resident on a federal military reservation, assistance under a state aid program for needy disabled on the ground she did not satisfy the requirement of residence within the county. The state had ceded the reservation land to the federal government giving it "exclusive jurisdiction for all purposes whatsoever," reserving to the state only the right to serve civil and criminal process. On appeal, the State Board of Public Welfare found claimant qualified and ordered payment. In a declaratory judgment sought by the welfare board, the state district court held the claimant met the requirement for residence under the statute regulating welfare cases. On appeal, held, affirmed. Exclusive federal jurisdiction of federal lands operates to prohibit application of only those state laws which are inconsistent with federal sovereignty. Board of County Comm'rs v. Donoho, 356 P.2d 267 (Colo. 1960).

Recommended Citation

William R. Nicholas, Conflict of Laws-State Cession of Territory-Effect of Exclusive Jurisdiction by Federal Government on State Law, 59 Mich. L. Rev. 957 (1961).
Available at: https://repository.law.umich.edu/mlr/vol59/iss6/6