Maryland v. West Virginia
Headline: Long-running boundary dispute between Maryland and West Virginia resolved as Court establishes the old Deakins line as the western border, orders commissioners to mark it, affecting local jurisdiction and land titles.
Holding: The Court held that the long-recognized Deakins (old state) line should be the western boundary between Maryland and West Virginia, ordered commissioners to locate and mark it, and dismissed West Virginia’s north-bank Potomac claim.
- Fixes which state collects taxes and enforces laws on disputed lands.
- Clarifies voting, school, and local government authority for residents in the area.
- Orders surveyors to run and permanently mark the historic Deakins boundary line.
Summary
Background
The dispute was between the State of Maryland and the State of West Virginia over the western boundary running between Garrett County, Maryland, and Preston County, West Virginia. Maryland relied on the 1632 charter to Lord Baltimore and argued for a meridian from a spring called the Potomac Stone; West Virginia and earlier Virginia pointed to the Fairfax Stone and the long-recognized Deakins line. Surveys, old grants, and years of local use created conflicting maps and claims going back to the 1700s and 1800s, including a federal survey by Lieutenant Michler in 1859 and earlier military-lot surveys by Francis Deakins in the 1780s.
Reasoning
The Court focused on which line had been actually adopted and accepted on the ground. It emphasized long, peaceful acquiescence by residents, public acts referring to the old Deakins line, and the practical effects of overturning long-settled possession. The Court applied the principle that a boundary long run, marked, and recognized by the people and authorities can control even if it slightly departs from the original grant descriptions. The Court also relied on a prior decision about the Potomac River to reject West Virginia’s claim to the riverbed up to the north bank. Concluding that the Deakins line had been treated as the boundary, the Court ordered commissioners to run and permanently mark that old line and dismissed West Virginia’s cross claim to the Potomac north bank.
Real world impact
The decision fixes which State’s laws, taxes, and services apply in the disputed area by establishing the Deakins line. The Court directed commissioners to mark the line so titles and local government control become clearer. The opinion also noted that state legislatures can confirm private land titles if necessary to avoid unfair disruption.
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