Nebraska v. Iowa

Background

The dispute involved the States of Iowa and Nebraska over where the Missouri River boundary lies and who owns certain river islands and accreted lands. A Special Master prepared a proposed decree; Nebraska accepted it and Iowa filed five exceptions. The parties had agreed to a 1943 compact that fixed a permanent boundary and addressed which state must recognize titles to lands formed before July 12, 1943.

Reasoning

The Court considered how to apply the 1943 compact. It held that the compact fixed the permanent boundary and that the word “cedes” in the compact covers areas formed before July 12, 1943 whose titles were “good in” Nebraska at that date. The Court ordered Iowa to recognize such Nebraska-origin titles, including private riparian titles that run to the stream’s thread and titles gained by ten years’ open, adverse possession. The Court found that Iowa does not own Nottleman Island or Schemmel Island, dismissed Iowa’s counterclaim, and revised parts of the proposed decree governing how disputed areas north of Omaha are to be decided.

Real world impact

Private riverfront landowners with titles that were valid in Nebraska on July 12, 1943 can have those titles recognized in Iowa for lands formed before that date. Areas formed after the compact date will be decided under the law of the state in which they are found to have formed. The decision resolves the specific island disputes and guides ongoing cases, while costs paid to the Special Master will be equally divided as ordered.