Maryland v. West Virginia

Background

The dispute is between the States of Maryland and West Virginia over where Maryland’s southern boundary runs along the Potomac River from near Harper’s Ferry westward to where the north–south line from the Fairfax Stone crosses the North Branch. The question was whether Maryland’s boundary on the river’s south bank is at high‑water mark or at low‑water mark. The record also shows earlier surveys were conducted under an 1894 consent order and an older arbitration and prior cases addressed related title questions.

Reasoning

The Court considered prior authority, including a decision holding that the old Maryland grant reached the Potomac to high‑water on the Virginia shore and the 1785 Mount Vernon compact and later arbitration. The Court agreed with the arbitrators that historical use and the compact’s reserved shore privileges show the south shore rights were exercised to low‑water mark. Finding no evidence that Maryland had claimed grant rights on that side, the Court concluded the southern boundary should be at low‑water mark. The Court dismissed West Virginia’s cross bill seeking the north bank, appointed three commissioners to run and monument the Deakins or Old State line, set reporting and compensation rules, and ordered that survey costs be divided equally.

Real world impact

The decree fixes the boundary line for Maryland and West Virginia along the Potomac at low‑water mark, requires physical monuments and a formal survey report by the commissioners, and makes both States share the costs of the surveys and marking. This is a final boundary judgment directing practical steps to settle jurisdiction and property‑related questions along the river.