Subject: Re: [BoundaryPoint] Re: Boundaries through urban areas
Date: Nov 06, 2003 @ 06:23
Author: Lowell G. McManus ("Lowell G. McManus" <mcmanus71496@...>)
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Mike wrote:

> also
> if you know texarkana
> can you confirm whether there is really a bistate correctional
> condominium there too
>
> as i understand it
> there may be a legal area in a jailhouse where both states have
> jurisdiction without but rights of extradition
>
> is this for real
>
> if so it would be the only legal bistate condo in the usa

There are two courthouses athwart the state boundary in Texarkana. One is the
famous US Post Office and Federal Courthouse. The state boundary presents no
jurisdictional problems for the feds. The second one is quite a different
story.

Yes, it is something of a condominium, under the provisions of the Bi-state
Criminal Justice Center Compact ( http://tinyurl.com/tush ). [Wow! I knew I'd
eventually get a TinyURL code that spelled something.] Note that each state
"relinquishes exclusive jurisdiction" and that they "recognize the existence of
concurrent jurisdiction" within the building.

The building originated circa 1980. It is jointly owned by the County of Miller
(Arkansas), the County of Bowie (Texas), the City of Texarkana (Arkansas), and
the City of Texarkana (Texas). The physical plant, the joint dispatching
center, and the joint records management center are operated by an organ called
the Law Enforcement Advisory Committee, which is composed of the two county
sheriffs and the two city chiefs of police. The LEAC has no employees, but
assigns joint law enforcement duties to employees of the respective police and
sheriff agencies. The LEAC contracts with the City of Texarkana (Arkansas) to
provide building custodial and maintenance staff, etc.

All of the jurisdictional niceties are meticulously spelled out in the Texas
Local Government Code, 361.021-361.029 ( http://tinyurl.com/tuuk ). The law of
Texas requires that its courts be held in Texas, but that is the only function
limited to one portion of the building. Arkansas courts may be held anywhere in
the building. General police, prosecutorial, and detentional functions of each
state can operate anywhere in the building, and offices of the respective
agencies are freely intermixed throughout, without regard to the boundary.
There are no markings of the boundary within the building, which sits on the
diagonal to the boundary.

If you walk into the building, you and your property are under the joint
jurisdiction of both states, and you must obey the laws of both. If this is
impossible due to a conflict in laws, you may choose the state to have
jurisdiction over you. If you are a prisoner of one of the states or are
summoned by one of them, you are under that state's exclusive jurisdiction and
are exempt from arrest or service of process by the other while in the building.
Either state may interrogate suspects, receive confessions, and make arrests
anywhere in the building, and no extradition is required unless the subject was
already a prisoner in the custody of the other state (and therefore under its
exclusive jurisdiction).

I was in the building once on the day of a Texas election, and I observed a
voting box in operation. It was actually in Texas, although most voters were
entering the building's spacious lobby through a nearby Arkansas door. That
entrance and all of the others bore legal notices of the election as required by
Texas law for buildings containing voting boxes.

This is indeed intriguing stuff for the political geographer!

Lowell G. McManus
Leesville, Louisiana, USA