The State of New Jersey v. The State of Delaware
Headline: Court fixes New Jersey–Delaware river boundary, adjudging Delaware owns river and riverbed inside the 12-mile circle and setting mid-channel line below, resolving the states’ territorial dispute.
Holding: The Court decrees the maritime boundary: inside the 12-mile circle Delaware owns the river and subaqueous soil to New Jersey’s mean low-water line, and below that the boundary is the middle of the main ship channel.
- Clarifies which state controls riverbed and waters inside the 12-mile circle.
- Perpetually enjoins both states from disputing sovereignty over the adjudged areas.
- Court keeps jurisdiction to modify the decree and order resurveys for physical changes.
Summary
Background
The dispute was between the State of New Jersey and the State of Delaware over the precise boundary in the Delaware River and Delaware Bay. A special master prepared a detailed report and map showing turning points, lights, monuments, and distances. The Court considered the pleadings, evidence, and exceptions to that report and referred to its opinion announced February 5, 1934.
Reasoning
The central question was where the state line runs through the river and bay and which state owns the riverbed. The Court approved the special master’s report and entered a decree describing the boundary in detail. It held that, within the 12-mile circle centered on the old New Castle courthouse, Delaware owns the river and subaqueous soil up to the mean low-water line on the New Jersey side; below that 12-mile circle the boundary is the middle of the main ship channel. The decree includes a composite map and exact courses, distances, and reference points to define the line.
Real world impact
The decree settles which state has sovereignty, jurisdiction, and dominion over each stretch of water and riverbed and permanently enjoins the states and their citizens from disputing the adjudged areas. The Court retains jurisdiction to modify the decree, order resurveys if physical changes in mean low-water or channel occur, and divided the costs of the suit equally between the states.
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