Section 19-2-11 - [Holloman air force base; jurisdiction ceded; limitations.]

NM Stat § 19-2-11 (2019) (N/A)
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Exclusive jurisdiction is hereby ceded to the United States over the following described territory situated within the Holloman air force base and within Otero county, state of New Mexico, to wit:

sections 1, 3, 10, 11, 11 [sic], 12, 14, 15, the west half of the northwest quarter of section 23, and the east half of the northeast quarter of section 22 in township 17 south, range 8 east, New Mexico prime meridian.

Provided, however, that the state of New Mexico reserve [reserves] the right to serve civil or criminal process within the territory herein ceded in suits or prosecutions for or on account of rights acquired, obligations incurred or crimes committed in said state, but outside of such ceded territory, and provided further that the jurisdiction ceded shall continue no longer than the United States shall own and hold said reservation for military purposes.

History: Laws 1953, ch. 63, § 1; 1953 Comp., § 7-2-9.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For service of civil and criminal process, see Rules 1-004 and 5-103 NMRA, respectively.

Applicability of Children's Code. — The state can exercise its jurisdiction and apply the provisions of the Children's Code (Chapter 32A NMSA 1978) to those who reside on a federal military enclave because, in those areas where the federal government has no laws or regulations, there is no interference by the state when it asserts jurisdiction; in such cases, there would be no need for the federal government to relinquish its jurisdiction as provided in Section 19-2-2 NMSA 1978. State ex rel. Children, Youth & Families Dep't v. Debbie F., 1995-NMCA-113, 120 N.M. 665, 905 P.2d 205, cert denied, 120 N.M. 533, 903 P.2d 844.