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- Subject: GEORGIA v. SOUTH CAROLINA, Syllabus
-
-
-
-
- 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
-
-
- Syllabus
-
-
- GEORGIA v. SOUTH CAROLINA
-
-
- on exceptions to reports of special master
-
- No. 74, Orig. Argued January 8, 1990--Decided June 25, 1990
-
- This suit involves a dispute between Georgia and South Carolina over the
- location of their boundary along the Savannah River, downstream from the
- city of Savannah and at the river's mouth, and their lateral seaward
- boundary. In 1787, the parties agreed in the Treaty of Beaufort that the
- boundary along the river was the river's "most northern branch or stream,"
- "reserving all islands in [the river] to Georgia . . . ." In 1922, the
- Treaty was interpreted to mean, inter alia, that where there is no island
- in the river, the boundary is midway between the banks, and where there is
- an island, the boundary is midway between the island and the South Carolina
- shore. Georgia v. South Carolina, 259 U. S. 572. The Special Master has
- submitted two Reports, making several boundary recommendations. Both
- States have filed exceptions.
-
- Held:
-
- 1. The Special Master's determination that the Barnwell Islands are in
- South Carolina is adopted. Georgia's exception is overruled. South
- Carolina has established sovereignty over the islands by prescription and
- acquiescence, as evidenced by its grant of the islands in 1813, and its
- taxation, policing, and patrolling of the property. Georgia cannot avoid
- this evidence's effect by contending that it had no reasonable notice of
- South Carolina's actions. Inaction alone may constitute acquiescence when
- it continues for a sufficiently long period, see Rhode Island v.
- Massachusetts, 15 Pet. 233, 274, and there has been more than inaction on
- Georgia's part. It was charged with knowing that the Treaty placed all of
- the Savannah River islands in Georgia, yet, despite the fact that
- cultivation was readily discernable, there is virtually no record of its
- taxation of, or other sovereign action over, these lands. A 1955 Court of
- Appeals' decision in a condemnation proceeding by the Federal Government,
- which recognized Georgia's sovereignty over the islands, cannot be
- regarded as fixing the boundary between the States. Pp. 10-15.
-
- 2. The Special Master's determination that the islands emerging in the
- river after the 1787 Treaty do not affect the boundary line between the
- States is adopted, and Georgia's exception is overruled. Georgia's
- suggestion that the boundary in the vicinity of each new island runs
- between that island and the South Carolina shore would create a regime of
- con tinually shifting jurisdiction, by creating a new "northern branch or
- stream" for even the smallest emerging island no matter how near the South
- Carolina shoreline, and would frustrate the purpose of the Treaty, which
- purports to fix the boundary "forever hereafter." Construing the Treaty to
- avoid sudden boundary changes would be more consistent with this language,
- and also comports with the simplicity and finality of the Court's 1922
- reading of the Treaty and with the respect for settled expectations that
- generally attends the drawing of interstate boundaries, cf. Virginia v.
- Tennessee, 148 U. S. 503, 522-525. Pp. 15-19.
-
- 3. The Special Master's conclusion that Oyster Bed Island is in South
- Carolina and that the southern side of the Savannah's mouth is Tybee Island
- while the northern side is an underwater shoal is adopted. Georgia's
- exception is overruled. Customarily a boundary would be drawn to an
- opposing headland. However, due to the uncommon type of river mouth here,
- Tybee Island has no counterpart of high land on the northern side. Rather,
- the geographical feature taking its place is the shoal, long recognized as
- confining the river. To accept Georgia's proposition that the northern
- side should be the closest South Carolina headlands-- islands that are so
- distant that they cannot even be said to touch the river--would result in
- having Georgia's waters lie directly seaward of South Carolina's coast and
- waters. Pp. 19-21.
-
- 4. In drawing the boundary line around islands on the South Carolina
- side of the river's thread, when the midline of the stream encounters an
- island and must move northward to become the line midway between the island
- bank and the South Carolina shore, the Special Master erred in invoking a
- right-angle principle--i.e., using the line midway between the island and
- the shore until the island ends and the boundary reverts to the middle of
- the river, and then using right-angle lines to con- nect the island-to-bank
- center line with the bank-to-bank center line by the shortest distance.
- Georgia's exception is sustained. Georgia's approach--to use a point
- "triequidistant" from the South Carolina shore, the island shore, and the
- Georgia shore, resulting in a boundary that would pass through this point
- and otherwise be equidistant from the South Carolina shore and the Georgia
- shore, or island--is sensible, less artificial, fair to both States, and
- generally in line with what the Court said in 1922. Pp. 21-23.
-
- 5. The Special Master's determination that additions to Denwill and
- Horseshoe Shoal be awarded to Georgia is adopted, and South Carolina's
- exception is overruled. The rapidity of some aspects of dredging and other
- processes used by the Army Corps of Engineers to improve the river's
- navigation channel support the Master's recommendation that the changes in
- the Savannah River were caused primarily by avulsion rather than the
- natural and gradual process of erosion and accretion. Pp. 23-26.
-
- 6. Since the Special Master's Second Report clarified any confusion
- that may have existed with regard to how the recommended boundary line
- affects Bird Island, the boundary dispute as to this island has been
- eliminated and South Carolina's exception, initially made, is overruled.
- Pp. 26-27.
-
- 7. The Special Master's determination of the lateral seaward boundary
- between the States is adopted. His line continues down the river's mouth
- until it intersects a line, from Tybee Island's most northern point to
- Hilton Head Island's most southern point, where it proceeds out to sea
- perpendicularly to that line. His recommendation gives equitable balance
- and recognition to the so-called equidistant principle, Texas v. Louisiana,
- 426 U. S. 465, and to the inland boundary between the States, and does so
- with the least possible offense to any claimed parallel between offshore
- territory and the coast itself. The States' respective exceptions are
- overruled. Pp. 27-30.
-
- Exceptions of South Carolina overruled; Exception of Georgia to Special
- Master's use of right-angle principle sustained; Other exceptions of
- Georgia overruled; Special Master's recommendations, as to which no
- exceptions have been taken or as to which exceptions have been advanced but
- overruled, are adopted.
-
- Blackmun, J., delivered the opinion for a unanimous Court with respect to
- Parts I, II, III, and VIII, and the opinion of the Court with respect to
- Part IV, in which Brennan, White, Marshall, Stevens, O'Connor, and Scalia,
- JJ., joined; with respect to Part V, in which Brennan, White, Marshall,
- Stevens, O'Connor, and Scalia, JJ., joined, and in which Rehnquist, C. J.,
- and Kennedy, J., joined except for a portion thereof; with respect to Part
- VI, in which Rehnquist, C. J., and Brennan, Stevens, O'Connor, Scalia, and
- Kennedy, JJ., joined; with respect to Part VII, in which Rehnquist, C. J.,
- and Brennan, White, Marshall, Stevens, and O'Connor, JJ., joined; and with
- respect to Part IX, in which Rehnquist, C. J., and Brennan, White,
- Marshall, O'Connor, and Kennedy, JJ., joined. White, J., filed an opinion
- dissenting in part, in which Marshall, J., joined. Stevens, J., filed an
- opinion dissenting in part, in which Scalia, J., joined. Scalia, J., filed
- an opinion dissenting in part, in which Kennedy, J., joined. Kennedy, J.,
- filed an opinion dissenting in part, in which Rehnquist, C. J., joined.
-
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