New Jersey v. Delaware
Headline: Court approves final map and fixes New Jersey–Delaware river and bay boundary, giving Delaware the riverbed inside the twelve‑mile circle and using the channel midline below it.
Holding: The Court approved the Special Master’s report, held that Delaware owns the riverbed up to mean low water inside the twelve‑mile circle, and fixed the middle of the main ship channel as the boundary seaward.
- Settles which state controls riverbed and waters inside the twelve‑mile circle.
- Makes the channel midline the boundary below the twelve‑mile circle.
- Prevents states and citizens from disputing awarded sovereignty.
Summary
Background
The States of New Jersey and Delaware asked the Court to settle their boundary in the Delaware River and Delaware Bay. A Special Master surveyed the area, prepared a detailed report, and produced a composite map using U.S. Coast and Geodetic Survey charts and named lights and monuments. The Court referenced its February 5, 1934 opinion and entered a final decree approving the Special Master’s report and the accompanying map.
Reasoning
The central question was where the true state line runs through the river and bay. The Court accepted the Special Master’s detailed description and fixed two rules: inside the twelve‑mile circle centered on the old New Castle courthouse, the riverbed and water up to the mean low water on the eastern (New Jersey) bank belong to Delaware; below that circle the boundary is the middle of the main ship channel. The decree lists precise turning points, bearings, monuments, and chart references, and it uses positions tied to the North American Datum of 1927 and light lists corrected to 1934.
Real world impact
The ruling determines which state controls portions of the riverbed, waters, and related rights inside the twelve‑mile circle and in the bay seaward. The decree permanently enjoins each state, their officers, agents, and citizens from disputing the other’s sovereignty over territory awarded. The Court retains authority to order a resurvey or modify the line if physical changes in the shoreline or channel alter mean low water or the main channel. The decree also preserves rights under the 1905 compact between the states and divides the costs of the litigation equally between them.
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