N.C. Gen. Stat. » Chapter 104
NC General Statutes

N.C. Gen. Stat. § 104-1 (2026)

Acquisition of lands for specified purposes authorized; concurrent jurisdiction reserved

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The United States is authorized, by purchase or otherwise, to acquire title to any tract or parcel of land in the State of North  Carolina, not exceeding 25 acres, for the purpose of erecting thereon  any customhouse, courthouse, post office, or other building, including lighthouses, lightkeepers' dwellings, lifesaving stations, buoys and local depots and buildings connected therewith, or for the establishment of a fish-cultural station and the erection thereon of such buildings and improvements as may be necessary for the successful operations of such fish-cultural station. The consent to acquisition by the United States is upon the express condition that the State of North Carolina shall so far retain a concurrent jurisdiction with the  United States over such lands as that all civil and criminal process issued from the courts of the State of North Carolina may be executed thereon in like manner as if this authority had not been given, and that the State of North Carolina also retains authority to punish all  violations of its criminal laws committed on any such tract of land. (1870-1, c. 44, s. 5; Code, ss. 3080, 3083; 1887, c. 136; 1899, c. 10; Rev., s. 5426; C.S., s. 8053.)

 

Notes of Decisions
Cited in 2 cases, 1962–1991 · leading case: State v. Smith, 400 S.E.2d 405 (N.C. 1991).
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State v. Smith, 400 S.E.2d 405 (N.C. 1991). · cites it 6× “This Court in DeBerry only held that N.C.G.S. § 104-1 and 104-7 did not apply to property acquired by the United States in 1899, years before the statutes were adopted.”
State v. Burell, 123 S.E.2d 795 (N.C. 1962). “104-7, which was enacted in 1907, seems to be in conflict with G.S. 104-1, which was enacted earlier. S.”
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