|
|
"A comprehensive, collaborative elections resource."
|
NEW JERSEY v. DELAWARE
|
|---|
| Parent(s) |
Container
|
| Contributor | Scott³ |
| Last Edited | Scott³ Aug 06, 2011 02:08pm |
| Logged |
0
|
| Category | Legal Ruling |
| Author | Justice Ruth Bader Ginsburg |
| News Date | Monday, March 31, 2008 08:00:00 PM UTC0:0 |
| Description | "Justice Ginsburg delivered the opinion of the Court.
The States of Delaware and New Jersey seek this Court’s resolution of a dispute concerning their respective regulatory authority over a portion of the Delaware River within a circle of twelve miles centered on the town of New Castle, Delaware. In an earlier contest between the two States, this Court upheld the title of Delaware to “the river and the subaqueous soil” within the circle “up to [the] low water mark on the easterly or New Jersey side.” New Jersey v. Delaware, 291 U. S. 361, 385 (1934) (New Jersey v. Delaware II).1 Prior to that 1934 boundary determination, in 1905, the two States had entered into an accord (1905 Compact or Compact), which Congress ratified in 1907. The Compact accommodated both States’ concerns on matters over which the States had crossed swords: service of civil and criminal process on vessels and rights of fishery within the twelve-mile zone. Although the parties were unable to reach agreement on the interstate boundary at that time, the 1905 Compact contained two jurisdictional provisions important to the current dispute:
“Art. VII. Each State may, on its own side of the river, continue to exercise riparian jurisdiction of every kind and nature, and to make grants, leases, and conveyances of riparian lands and rights under the laws of the respective States.
“Art. VIII. Nothing herein contained shall affect the territorial limits, rights, or jurisdiction of either State of, in, or over the Delaware River, or the ownership of the subaqueous soil thereof, except as herein expressly set forth.” Act of Jan. 24, 1907, 34 Stat. 860." |
| Share |
|
|
2¢
|
|
| Article | Read Full Article |
|
| Date |
Category |
Headline |
Article |
Contributor |
|
|
