UNITED STATES MILITARY RESERVATIONS, NATIONAL CEMETERIES, And MILITARY PARKS
Prepared In The Office Of The Judge Advocate General United States Army, publ. 1916,
Transcribed by Helen Curtis
KENTUCKY.
GENERAL ACT OF CESSION.
Be it enacted, etc.
Section 1. That the Commonwealth of Kentucky hereby consents to the acquisition by the United States of America of all lands and appurtenances in this Commonwealth heretofore legally acquired, or that may be hereafter legally acquired, by purchase or condemnation, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings, including post-offices, custom-houses, and court-houses, also lands for locks, dams and canals in improving the navigation of the rivers and waters within and on the borders of the Commonwealth of Kentucky. (Approved Aug. 16, 1892. Kentucky Stats., 1903, sec. 2376.)
CAVE HILL NATIONAL CEMETERY.
This cemetery is situated near the city of Louisville, in Jefferson County, being a portion of the public cemetery of that name, and contains an area of about 4.33 acres.
Title.-1. Deed from Cave Hill Cemetery Co., dated March 23, 1877, confirming the donation by said company, made in 1861, of section A, containing 28,418.80 square feet of ground. Recorded in book 206, page 440 of the records of Jefferson County.
2. Deed from Cave Hill Cemetery Co., dated July 23, 1863, conveying section B, containing 42,114 square feet. Recorded in book 115, page 176, etc., of same records.
3. Deed from Cave Hill Cemetery Co., dated May 30, 1864, conveying sections C and D, containing 52,455 square feet. Recorded in the clerk’s office of the county court of Jefferson County May 30, 1864.
4. Deed from Cave Hill Cemetery Co., dated June 4, 1868, conveying section E, containing 4,991 square feet. Recorded in the clerk’s office of the county court of Jefferson County June 4, 1868.
5. Deed from Cave Hill Cemetery Co., dated June 19, 1893, conveying a tract containing 15,934 square feet (marked A on plat). Recorded in book 419, page 335, of the records of Jefferson County.
6. Deed from Ward Payne and his wife, dated November 26, 1867, conveying the southward part of lot 1, in square 8, in Payne’s addition to the city of Louisville (for keeper’s lodge). Recorded in book 139, page 134, of same records.
7. Deed from Cave Hill Cemetery Co., dated November 12, 1897, conveying 2,366 square feet contiguous to above cemetery tract (for the purpose of erecting a rostrum). Recorded in book 495, page 470, of same records.
8. Deed from Cave Hill Cemetery Co., dated October 1, 1910, under authority of act of Congress approved March 12, 1910 (36 Stat., 236), conveying to the United States tract containing 3,240 square feet in exchange for a tract containing 2,010 square feet conveyed to said company by the Secretary of War by deed dated October 18, 1910. Recorded in book 727, page 241, of same records.
9. Deed from Cave Hill Cemetery Co., dated December 17, 1912, conveying a tract containing 31,250 square feet, more or less (marked section E on plat). Recorded in book 775, page 376, of same records.
Jurisdiction.- See “Lebanon National Cemetery.”
DANVILLE NATIONAL CEMETERY.
The lots comprising this national cemetery are situated within the city cemetery at Danville, in Boyle County, and contain about 0.31 acre.
Title- Deed from the board of trustees of the town of Danville, dated June 12, 1868, conveying lots 10 to 17, inclusive, and from 30 to 41 inclusive (excepting 34 and 37), in Danville Cemetery. Recorded in book 10, page 474, of the records of Boyle County, June 13, 1868.
Jurisdiction.-See “Lebanon National Cemetery.”
FRANKFORT (SOLDIERS’ LOT).
This lot is situated in the city cemetery at Frankfort, in Franklin County, and contains about 4,500 square feet.
Title.- Deed from the Frankfort Cemetery Co., dated January 4, 1868, conveying certain lots and parts of lots in said cemetery, aggregating 4,500 square feet. Recorded on same date in the clerk’s office of county court of Franklin County.
Jurisdiction.- See “Lebanon National Cemetery.”
LEBANON NATIONAL CEMETERY.
This cemetery is situated near the town of Lebanon, in Marion County, and contains an area of about 2 acres, 3 roods, and 13.2 perches.
Title- 1. Deed from James J. McElroy et al., dated April 6, 1867, conveying 2 acres, 1 rood, and 25 poles. Recorded in the clerk’s office of the county court of Marion County, July 9, 1868.
2. Deed from Charles Gohe and wife, dated August 18, 1875, conveying about 0.50 acre. Recorded January 26, 1876, in same records.
3. Release of J.F. McElroy, dated November 12, 1873. Recorded in the clerk’s office of the county court of Marion county, August 18, 1875.
Jurisdiction.- Ceded to the United States by the following act of the State legislature, approved March 9, 1867:
Be it enacted, etc.,
SECTION 1. That the jurisdiction over the lands, parcels, or lots of ground purchased, obtained, used, or occupied by the United States, her officers or agents for the burial of the Union dead, in the following cemeteries, burial places, and parts thereof, and over such other lands and parcels of ground as may hereafter be required, purchased, obtained, used, or occupied by said common government for such purposes, together with all buildings, improvements, and other property belonging thereto or connected therewith in this Commonwealth, is hereby ceded to and vested in the said United States, so long as such premises may be used, occupied, or required for the purpose of sepulture and the public service, except for the punishment of offenses hereinafter provided: Perryville National Cemetery, near Perryville, in Boyle County, about four acres; London, near London, Laurel County, about two acres; Camp Nelson, Jessamine County, about four acres; Lebanon, near Lebanon, Marion County, about two acres; Mill springs, near Logan’s Cross Roads, about two acres.
Sec. 2. That all places of sepulture, lands, buildings, fixtures, improvements, and property of the United States thereon or connected therewith shall be held exonerated and exempt from any and all taxation and assessments under the authority of this state, or any county or other municipality therein, so long as the same shall remain in the use or occupation of the United States.
Sec. 3. That any wilful(sic), reckless, or voluntary mutilation of the graves, monuments, fences, shrubbery, ornaments, or grounds or buildings in or inclosing said cemeteries or places of sepulture shall subject the offender or offenders each to a fine of not less than ten dollars, to which may be added, in the discretion of the jury or court trying the case, imprisonment in the county jail or work-house not exceeding six months, to be prosecuted before any court having competent jurisdiction.
LEXINGTON NATIONAL CEMETERY.
This cemetery is situated within the city of Lexington, in Fayette County, and contains an area of 0.75 acre.
Title.-Deed from the Lexington Cemetery Co., dated July 1, 1867, conveying the above tract by metes and bounds. Recorded in the clerk’s office of the county court of Fayette County, May 29, 1868.
Jurisdiction.- See “Lebanon National Cemetery.”
MILL SPRINGS NATIONAL CEMETERY.
This cemetery is situated near Logans Cross Roads, about 8 miles from Somerset, in Pulaski County, and contains an area of about 3.50 acres.
Title.- Deed from William H. Logan and wife, dated July 5, 1867, conveying 3.50 acres. Recorded in the clerk’s office of the county court of Pulaski County, June 20, 1868.
Jurisdiction.- See “Lebanon National Cemetery.”
CAMP NELSON NATIONAL CEMETERY.
This cemetery is situated 7 miles southwest of Nicholasville, in Jessamine County, and contains about 9.50 acres.
Title.-1. Deed from John D. Scott et al., dated August 26, 1872, conveying 7.25 acres, and also a strip extending to the Danville, Lancaster, and Nicholasville Turnpike, containing 1 acre, 1 rood, and 32 poles. Recorded in the clerk’s office of the county court of Jessamine County, October 16, 1872.
2. Deed from John D. Scott et al., dated April 18, 1874, conveying 1 acre. Recorded May 2, 1874, in same records.
Jurisdiction.- See “Lebanon National Cemetery.”
NEWPORT BARRACKS.
This reservation is situated in the city of Newport, at the confluence of the Ohio and Licking Rivers, and contains about 6 acres.
Title.- 1. Deed from Washington Berry et al., trustees of the town of Newport, dated July 28, 1803, conveying 5 acres and 6 square poles, in the above city. Recorded in book B, folio 345, of the records of Campbell County.
2. Deed from Washington Berry et al., trustees of the town of Newport, dated February 11, 1806, conveying lot No. .34 and the alley between said lot and lot No. 33. Recorded in book C, folio 102, of same records.
3. Deed from David Morton, dated February 14, 1806, conveying lot No. 3. Recorded in book C, folio 101, of same records.
4. Deed from town of Newport, dated June 15, 1848, conveying additional land lying between the Ohio and Licking Rivers. Recorded in book S, folio 288, of same records.
By act of Congress approved July 31, 1894 (28 Stat., 211), the reservation was granted to the city of Newport for the purposes of a public park, with the condition that should the city ever cease to use it as such, or use it or any part of it for any other purpose, all right and title should revert to the United States.
Jurisdiction.- Ceded by the State legislature by acts approved December 26, 1803, and April 1, 1880.
FORT THOMAS.
This reservation is situated in Campbell County, 3 miles from Newport, on high lands overlooking the Ohio River, and about 4 miles from Cincinnati. The entire reservation, including the rifle range, contains an area of 285.623 acres, the reservation proper containing 116.623 acres, and the rifle range 169 acres. It comprises also a right of way to the station of the Chesapeake & Ohio Railroad, and a right of way to the Ohio River for a sewer. See G. O. 111, W. D., June 18, 1906 for description by metes and bounds of reservation. The post was established and lands purchased under authorization of act of Congress approved March 3, 1887 (24 Stat., 555).
Title (reservation proper).-1. Deed from Samuel Bigstaff and wife, dated August 20, 1887, conveying 39 acres 2 roods and 1 pole. Recorded in the clerk’s office of the county court of Campbell County, October 31, 1867, in deed book No. 45, pages 406 to 408, Newport office.
2. Deed from Samuel Shaw and wife, dated August 23, 1887, conveying 27 acres 1 rood and 4 poles with certain reservations. Recorded October 31, 1887, in deed book No. 45, pages 411 to 413, same records.
3. Deed from Mary A. Happensack, dated August 25, 1887, conveying 29 acres and 3 poles. Recorded October 31, 1887, in deed book No. 45, pages 409 to 411, same records.
4. Deed from A. H. Bloom, dated August 27, 1887, conveying 15 acres and 3 roods. Recorded October 31, 1887, in deed book No. 45, page 414, same records.
Title (rifle range).-Deed from William N. Taliaferro, dated May 1, 1891, conveying 169 acres. Recorded May 27, 1891, in deed book No. 51, page 475, Alexandria office.
Title (right of way to the station on the Chesapeake & Ohio Railroad).-Deed from William H. Truesdell and wife, dated March 5, 1889, conveying about 31,000 square feet. Recorded in the clerk’s office of the county court of Campbell County, May 22, 1889, in deed book No. 49, page 406, Newport office.
Title (right of way for sewer purposes).-1. Deed from Samuel W. Hills and wife, dated February 4, 1889, conveying the right and privileges therein described. Recorded June 7, 1889, in deed book No. 49, page 446, same records.
2. Deed from Charles Dirkly and wife, dated March 6, 1889, conveying the right and privileges therein described. Recorded May 22, 1889, in deed book No. 49, page 409, same records.
3. Deed from Martha Stewart and others, dated March 7, 1889, conveying the right and privileges therein described. Recorded in the clerk’s office of the county court of Campbell County, in deed book No. 49, page 411, Newport office.
Lease.-May 7, 1915, for one year from March 1, 1915, of the rifle range.
Revocable licenses.-March 8, 1906, to the Citizens Telephone Co. of Cincinnati for a telephone line to post.
August 20, 1914, to Webster Helm to connect sewer draining his property with Government sewer.
Jurisdiction.-Jurisdiction over the main reservation was ceded to the United States by an act of the State legislature approved February 29, 1888. This act provides as follows:
Whereas, By virtue of an act of congress approved March 3, 1887, authorizing the purchase by the United States of a suitable site in Campbell County, Kentucky, for the location of a military post, and making appropriations for the erection of suitable buildings thereon, the Bigstaff, Happensack, Bloom, and Shaw tract of land near Newport, was selected and paid for, but before building operations can be commenced, it is necessary, under the provisions of Section 355, Revised Statutes of the United States, that the consent of the Legislature of Kentucky should be obtained, and that jurisdiction over the land in question should be ceded to the United States; Therefore, Be it enacted, etc.,
SECTION 1. That the consent of the State of Kentucky to the purchase of the tract of land mentioned in the preamble to this act, for the purposes therein named by the United States, be, and is hereby given, and the United States shall have, hold, use and occupy said land as provided for by this act.
SEC. 2. That exclusive jurisdiction over said tract of land be, and is hereby, ceded to the United States, so long as they remain the owners thereof, for all purposes, except the administration of the criminal laws of this Commonwealth, and the service of any civil process thereon; and said tract of land, and the improvements which may be erected thereon, shall be exempt from State, county and municipal taxes so long as it shall remain the property of the United States.
A proviso follows, securing to the “trustees of Covington reservoir and the city of Covington” the right to lay and maintain a 30-inch water main and the right of access thereto over parts of said lands. (Approved Feb. 29, 1888.)
See “General act of cession” for jurisdiction over rifle range.
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