South Dakota v. Nebraska

Background

The States of South Dakota and Nebraska and private intervenors agreed to settle a long-running dispute over land known as "Elk/Rush Island" in the Missouri River. The parties filed a joint stipulation with the Court to avoid further litigation, and the Report of the Special Master was received and ordered filed. Appendix A to the decree describes the island’s survey location and records the intervenors as the recorded owners of the property.

Reasoning

The central question was where the state boundary lies with respect to Elk/Rush Island. The Court accepted the parties’ stipulation and the Special Master’s report and entered a decree. The Court found the island is within Nebraska’s boundary and subject to Nebraska’s jurisdiction. South Dakota agreed to cede to the intervenors any right or title it might have and recognized an earlier Cedar County, Nebraska judgment that quieted title in predecessors of the intervenors. The parties also agreed that future boundary changes, but not title disputes, will be decided by a Joint State Boundary Commission appointed by the two States’ elected officials.

Real world impact

The decree gives Nebraska jurisdiction over the island and confirms the intervenors as the recorded owners under the described survey. South Dakota will dismiss its separate quiet-title action and gives up any claimed title. The States will refer any later boundary shifts to a jointly appointed commission. Each party is ordered to bear its own costs, so no party recovers litigation expenses under this order.