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State boundary disputes

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Dave Ingram
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This past Friday a friend and I presented a workshop at the Maryland Society meeting on the boundaries between Maryland and West Virginia / Virginia - specifically focusing on the Supreme Court decisions that have more or less settled the boundary.

We have been asked to present the workshop elsewhere, but perhaps change the focus from just those three states to include other states as well.

If you know of other state boundary disputes that have made it to the courts for decision I would appreciate any leads you can give us. Specifically the states involved and the approximate time period of the case. Also, if you can summarize the important issues that may be of help as well.

Feel free to post the info here or email it to me at [email protected] . It would be best if you don't use BeerLeg email because all email that comes to me through BeerLeg ends up in my junk folder.

Thanks

Dave


 
Posted : September 25, 2011 6:45 am
Jim
 Jim
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Dave,
the link below will take you to a recent case in Vermont.
http://www.huffingtonpost.com/2010/04/25/vermont-towns-finally-set_n_551256.html
Jim


 
Posted : September 25, 2011 7:18 am
Jim
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Dave,
here is another link to a dispute
http://www.upperstjohn.com/history/northeastborder.htm
Jim


 
Posted : September 25, 2011 7:19 am
Jim
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Dave,
here is still another link.
http://www.nhhistory.org/edu/support/nhgeog/nhma1739.pdf
Jim


 
Posted : September 25, 2011 7:21 am
Doug Crawford
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Ohio v Kentucky link

The Toledo War Link


 
Posted : September 25, 2011 7:27 am

Jim
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and yet another link
http://supreme.justia.com/us/289/593/
Jim


 
Posted : September 25, 2011 7:29 am
Jim
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and yet another link
http://www.cslib.org/jog.htm
Jim


 
Posted : September 25, 2011 7:33 am
bill93
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Iowa v. Missouri, US Supreme Court, December term 1850
There were two surveyed lines (1816 and 1836) that differed by 8 or 10 miles in latitude, and a 3rd proposed line. The more southerly 1816 Sullivan line that was surveyed to mark the northern limit of the Osage Indian cession to the Missouri Territory was probably accepted in most areas, but a dispute arose in one or two eastern counties where Missouri tried to collect taxes in the strip between lines. State militias were called out but no violence occurred. The court went with the 1816 line and had it resurveyed in 1852. A retracement of part of the line along Decatur Co., Iowa was needed to settle a dispute around the 1890's.

Colorado v New Mexico
267 US 30 (1925) States arguments and decision
268 US 108 (1925) Order for resurvey
364 US 296 (1960) Report on survey
There were two lines (I think only 2) differing by a few chains in most places. The court ruled about 1925 and had it resurveyed following the older of the two. The surveyor did the field work but never turned in his notes. Another surveyor appointed in the 1950's went over the field notes and turned in the report to close the case.

I'm pretty sure there was another Supreme Court case involving Oklahoma/Texas/New Mexico corner, as there were multiple corner monuments and surveys, but don't have details.

"How the States Got Their Shapes" mentioned the Michigan-Ohio dispute and probably several others.

A quick scan of Linklater's books didn't turn up any references to court cases, but you might want to recheck them.


 
Posted : September 25, 2011 7:35 am
Jim
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Dave,
this is a recent publication that may be of some interest
of what goes on up here in New England.
http://www.nhlgc.org/publications/item_detail.asp?TCArticleID=350
Jim


 
Posted : September 25, 2011 7:57 am
tyler-parsons
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WASHINGTON V. OREGON, 211 U. S. 127 (1908)

A water boundary issue over locations of the "north channel" and the "middle channel" of the Columbia River. At the time of Oregon statehood in 1859, the north channel was the main channel near the confluence with the Pacific Ocean. Sand Island dividing the north and south channels moved north and the north channel becoming so shallow that the southerly channel became the main channel. The description was further confused by first calling the "north channel", then "up the middle channel"

Oregon description (1859)
"Beginning one marine league at sea due west from the point where the forty-second parallel of north latitude intersects the same; thence northerly at the same distance from the line of the coast, lying west and opposite the state, including all islands within the jurisdiction of the United States, to a point due west and opposite the middle of the north ship channel of the Columbia River; thence easterly, to and up the middle channel of said river, and where it is divided by islands, up the middle of the widest channel thereof, to a point near Fort Walla-Walla."

Washington prevailed. The practical result of the decision was that Oregon had to pay for the vast majority of the Columbia River bridge at Astoria and the "Entering Washington" is very close to the Washington side of the river.

http://supreme.justia.com/us/211/127/case.html


 
Posted : September 25, 2011 8:21 am

DavidALee
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The GA / TN border dispute has been in the news recently as well.
Drought Has GA Revisiting Border Dispute


 
Posted : September 25, 2011 8:59 am
BigE
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Yeah, the GA-TN border dispute has been going on for years. It's mostly all about river water rights up in the NW corner of GA these days. Bart Crattie has written articles about it and been featured on "How the States Got Their Shape" documentary series.


 
Posted : September 25, 2011 9:10 am
BigE
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Actually, now that I just mentioned that tv series, I recall them mentioning some stuff about NY and NJ going to court about who "really owns" Ellis Island. I think it went to SCOTUS.


 
Posted : September 25, 2011 9:19 am
jd1488
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Dave

You might want to check out the one between Texas and New Mexico and of course the one between Texas and Oklahoma " the Red River " - all I believe went all the way to the supreme court for a final decision.

john


 
Posted : September 25, 2011 9:28 am
BigE
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Speaking of the Red River dispute... wasn't that all about the boundary was called for at the river? Then they had some huge rain event and the river scoured its way into TX.

There is a little piece of Kentucky in the most extreme SW corner that is still considered KY but doesn't even touch KY proper. The Mississippi river [re]cut a swath after the New Madrid fault busted in the 1800s. I think that was also mentioned in that tv show I saw.


 
Posted : September 25, 2011 10:13 am

GreyWolfe
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I'd be interested in taking that workshop if you would present it in January at the VAS.

Gary


 
Posted : September 25, 2011 10:48 am
dave-karoly
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Bud Uzes's book "Chaining the Land" has an account of the boundary between Nevada and California. The lawsuit was sort of a friendly lawsuit where the States have to go through the Supreme Court but they developed an agreement on how to settle the problem (multiple versions of the boundary) and the Supreme Court blessed it.

California approached Oregon but Oregon declined to participate in the same type of thing so the California-Oregon border is monumented (imperfectly) but not fixed by a Supreme Court ruling.

The book can be obtained from the CLSA central office in Santa Rosa.

Evan Page works for the State Lands Commission which is responsible for the State boundaries (among other things).


 
Posted : September 25, 2011 11:03 am
cee-gee
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Maine and New Hampshire went at it a few years ago:

http://en.wikipedia.org/wiki/Piscataqua_River_border_dispute


 
Posted : September 25, 2011 11:24 am
paul-in-pa
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Start With New Jersey - Delaware

Also the PA-MD dispute leading up to the sending of Mason and Dixon from England.

I am not sure if the PA-CT-NY line dispute had court decisions before all three states ceded the disputed land to the USA for resolution and disposal. The Erie triangle eventually going to PA.

Prior to State line disputes was the North Jersey-South Jersey dispute between The Proprietors.

Paul in PA


 
Posted : September 25, 2011 11:30 am
Dave Ingram
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I know we'll be doing it at WV & NJ meeting in February. You need to contact VAS (Chip Richardson) and get us an invite to present.


 
Posted : September 25, 2011 12:00 pm

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