No. 4-62
Opinion letter to the Honorable James P. Landis
Cite as Mo. Op. Att'y Gen. No. 4-62
Opinion No . 4 answered bY letter
by Howard L. McFadden
Pebrua~ 21, 1962
Honorable James P. Landis
Representative, Newton County
605 West Hickory Street
Neosho, Missouri
Dear Mr. Landis:
)
This is in response to your reQuest for an opini on which
reads as follows:
"I respectfully reQuest your opinion
as to whether, in view of the changed
character of use of Port Crowder and
the fact that it is no longer being
operated as an army camp, Port Crowder
residents are now entitled to exercise
the right to vote in state and county
elections.''
The United States accepted this land by cession from
this state under the statutory provisions which are now 12.040,
RSMo 1959, as a military reservation. Within this statute is
a proviso that the Jurisdiction ceded to the United States
continue no longer than the period during which the land ceded
is used for the purpose or purposes for which it is ac~uired.
If a fact ual determination can be made on a local level
that any part of the ar~a in question is no longer used for
military purposes, either temporarily or permanently, then by
virtue of the stat ute cited, exclusive Jurisdiction therein
is no longer in the United States and the Jurisdiction of the
state has revested. In such case persons residing in theae
areas may acquire the status of electors if otherwise qualified.
HLM: BJ
Yours very t~y,
TRCiiAs F. !Xcmttotl
Att orney General