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- Subject: ILLINOIS v. KENTUCKY, Syllabus
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-
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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-
- Syllabus
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-
-
- ILLINOIS v. KENTUCKY
-
-
- on exceptions to report of special master
-
- No. 106, Orig. Argued March 18, 1991 -- Decided May 28, 1991
-
- In a dispute between Illinois and Kentucky over their common boundary, the
- Special Master has recommended that this Court determine the boundary to be
- the "low-water mark on the northerly side of the Ohio River as it existed
- in the year 1792," rather than the river's northerly low-water mark "as it
- exists from time to time"; find that the record does not support Kentucky's
- affirmative defenses of acquiescence and laches and its defenses based on
- "principles of riparian boundaries, including accretion, erosion and
- avulsion"; find that the construction of dams on the river has caused the
- present low-water mark on the Illinois side to be farther north than it was
- in 1972; and order the two States' common boundary to be determined as
- nearly as the 1792 line can now be ascertained. Kentucky has filed
- exceptions.
-
- Held:
-
- 1. The boundary is the line of the low-water mark as it was in 1792.
- Pp. 3-8.
-
- (a) This is the rule that was used to determine the boundary between
- Kentucky and its neighboring States of Ohio, Ohio v. Kentucky, 444 U. S.
- 335, and Indiana, Indiana v. Kentucky, 136 U. S. 479; and the history and
- precedent that supplied the rule in those cases govern here. P. 3.
-
- (b) Kentucky has not proved that, under the doctrine of prescription
- and acquiescence, the boundary is a transient low-water mark. The record
- fails to support Kentucky's claim of a long and continuous possession of,
- and assertion of sovereignty over, land within the territory delimited by
- the transient mark. Kentucky has imposed property taxes on only 3 of the
- 15 structures extending into the territory in question. And evidence of
- its ad valorem taxation of barges and other watercraft traveling on the
- river fails to speak directly to the boundary issue, since it is undisputed
- that the sailing line on the river is within Kentucky's boundary and
- jurisdiction, and since barges and watercraft would rarely venture near the
- disputed territory. Moreover, both the Legislative Research Commission of
- the Kentucky General Assembly and the Commonwealth's Attorney General have
- made references to the 1792 lowwater mark as the boundary. Nor does the
- record support the claim of Illinois' acquiescence. The descriptions of
- the boundary as following "along [the Ohio River's] north-western shore" in
- earlier versions of the Illinois Constitution are verbatim recitations of
- the congressional language describing Illinois' boundary in that State's
- Enabling Act, and the Special Master correctly reasoned that Congress
- intended Illinois' southern boundary to be the same as that granted Ohio
- and Indiana when they were formed. In addition, the Illinois Supreme Court
- took an even less hospitable view toward Kentucky's claim than the State
- Constitution when it adopted, and used for almost 50 years, a theory that
- would have ratchetted the boundary line forever southward toward the
- river's deepest point. Pp. 3-7.
-
- (c) Kentucky's other affirmative defenses are likewise unavailing. The
- laches defense is generally inapplicable against a State. And the defenses
- based on the "principles of riparian boundaries" require no extended
- consideration, for Kentucky concedes that these would affect the ultimate
- boundary determination only if it prevailed on the issues of prescription
- and acquiescence. P. 8.
-
- 2. Kentucky's exception to the recommended finding that the
- construction of dams on the river has permanently raised its level above
- that of 1792, consequently placing the present low-water mark on the
- Illinois side farther north than it was in 1792, is sustained. Any
- question about the relative locations of the 1792 line and today's
- low-water mark is premature and should be determined after the Special
- Master has made further recommendations to resolve any disputes the parties
- may have about the exact location of the 1792 line. Pp. 8-9.
-
- Exceptions to Special Master's Report sustained in part and overruled in
- part, Report adopted in part, and case remanded.
-
- Souter, J., delivered the opinion for a unanimous Court.
-
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