Missouri v. Nebraska

Background

The dispute is between the State of Missouri (complainant) and the State of Nebraska (defendant) over where the border runs through an abandoned bed of the Missouri River. County surveyors from Nemaha County, Nebraska, and Atchison County, Missouri, made surveys in the 1890s and 1895 that located meander corners, middle points, and field notes for the old channel. The parties agreed to accept those surveys and asked the court to give them effect and to have permanent monuments placed so the boundary would be clearly marked.

Reasoning

The core question was what physical line should be the official state boundary along the abandoned riverbed. The court held that the middle of the Missouri River channel as it existed before the avulsion of July 5, 1867, is the true boundary between Missouri and Nebraska. The court adopted and described the county surveys and field notes and directed the previously appointed commissioners to establish permanent monuments along that line, to employ assistants and surveyors as needed, and to report back to the court. The court also provided that the commissioners’ compensation be agreed by the parties or fixed by the court if the parties could not agree.

Real world impact

This decree fixes the interstate boundary in concrete terms, orders permanent markers to reduce future disputes, and relies on detailed maps and field notes that affect property lines, local jurisdiction, and title along the old riverbed. The commissioners were ordered to file their final report on or before May 15, 1905, so the physical marking and documentation of the line would proceed promptly.