US SUPREME COURT DECISIONS

526 U.S. 589

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OCTOBER TERM, 1998

Decree

NEW JERSEY v. NEW YORK

ON BILL OF COMPLAINT

No. 120, Orig. Decided May 21, 1998-Decree entered May 17, 1999 Decree entered.

Opinion reported: 523 U. S. 767.

DECREE

The Court having exercised original jurisdiction over this controversy between two sovereign States; the issues raised having been heard in an evidentiary proceeding before the Special Master appointed by the Court; the Court having heard argument on the Final Report of the Special Master and the exceptions filed by the state parties; the Court having issued its opinion on the issues raised in the exceptions, which is reported at 523 U. S. 767 (1998); and the Special Master having submitted his Report Upon Recommittal;

IT Is HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

I

The State of New Jersey's prayer that she be declared to be sovereign over the landfilled portions of Ellis Island added by the Federal Government after 1834 is granted and the State of New York is enjoined from enforcing her laws or asserting sovereignty over the portions of Ellis Island that lie within the State of New Jersey's sovereign boundary as set forth in paragraph 4 of this decree.

II

The sovereign boundary between the State of New Jersey and the State of New York is as set forth in Article First of the Compact of 1834, enacted into law in both States and approved by Congress.


590

Decree

III

The State of New York remains sovereign under Article Second of the Compact of 1834 of and over the original Ellis Island, to the low-water mark, and the pier area built on landfill, as the Island and pier were structured in 1834, as more particularly depicted on the 1857 United States Coast Survey of New York Harbor.

IV

The boundary between the two States on Ellis Island is as depicted on the map of Ellis Island, Showing Boundary Between States of New Jersey and New York, dated December 1, 1998, which is appended hereto, infra. The boundary between the two States, as depicted on the appended map, lies along the line described as follows:

Beginning at a point with North American Datum of 1983 (NAD83) metric coordinates of North 207 180.7849 (latitude North 40 degrees 41 minutes 54.92285 seconds) and East 188 879.9657 (longitude West 74 degrees 02 minutes 23.75137 seconds), said point being (a) South 45 degrees 42 minutes 50 seconds East along the northeasterly granite block wall of the Ferry Slip about 502 feet from the northwesterly terminus of said wall and thence being (b) North 46 degrees 39 minutes 35.7 seconds East about 10 feet to said point of beginning; thence the following courses and distances:

(1) N 42 degrees 10 minutes 59.1 seconds W, a distance of 61.150 feet to a point; thence

(2) N 45 degrees 24 minutes 54.6 seconds W, a distance of 60.990 feet to a point; thence

(3) N 46 degrees 23 minutes 49.9 seconds W, a distance of 1.813 feet to a point; thence

(4) N 45 degrees 33 minutes 03.3 seconds E, a distance of 9.193 feet to a point; thence

(5) N 45 degrees 42 minutes 35.4 seconds E, a distance of 24.972 feet to a point; thence


591
Full Text of Opinion

























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