Nebraska Revised Statute 1-114

Statute 1-114

1-114.

MISSOURI-NEBRASKA BOUNDARY COMPACT

Section 1. That on and after the approval and consent of the Congress of the United States of America to this act and a similar and reciprocal act enacted by the General Assembly of the State of Missouri, as hereinafter provided, the boundary line between the States of Missouri and Nebraska shall be as follows:

MISSOURI-NEBRASKA BOUNDARY COMPACT

WHEREAS, the Missouri River has constituted the common territorial boundary between the States of Missouri and Nebraska, being the western boundary of Missouri and the eastern boundary of Nebraska, between the northern boundary of Missouri and the southern boundary of Nebraska; and

WHEREAS, by the forces of nature and the construction by the United States Army Corps of Engineers the flow of the Missouri River has changed its course and the main channel of the river has changed its position in many areas along the common territorial boundary between the states; and

WHEREAS, disputes between the States of Missouri and Nebraska, their political and governmental subdivisions, their citizens, and other persons have arisen and now exist with respect to the location of the true boundary between the states; and

WHEREAS, there has for many years existed between the States of Missouri and Nebraska a question as to the true and correct boundary line between the states; and

WHEREAS, in some areas land is taxed or may be taxed by both states, and in other areas land may be untaxed by either state; and

WHEREAS, the Nebraska courts have found some land to be located in Nebraska and the Missouri courts have found the same land to be located in Missouri; and

WHEREAS, the Missouri River is now relatively stabilized by work done under the direction and supervision of the United States Army Corps of Engineers, and a boundary based upon the present main channel of the Missouri River would be, if the works are properly maintained, as near as can be anticipated at this time, fixed and permanent; and

WHEREAS, it is to the best interest of the States of Missouri and Nebraska, their political and governmental subdivisions, and their citizens to determine a new and compromise boundary between the states, avoid litigation and multiple exercises of sovereignty and jurisdiction, encourage the optimum beneficial use of the river, its facilities, and its waters, and remove all causes of controversy between the states with respect to the boundary between the states; and

WHEREAS, the states, by entering into an agreement of a new boundary, are not recognizing and do not desire to recognize that new boundary as the true and correct former boundary between the states; and

WHEREAS, as between the states, neither state is recognizing any presumptions that the river has moved gradually into the present designed channel location because of the numerous natural cut-offs over the years and the construction and stabilization work by the United States Army Corps of Engineers, which included the dredging of canals and the construction of dikes and revetments, moving the river around and across islands, bar areas, and lands; and

WHEREAS, the states recognize that the United States Army Corps of Engineers has dug numerous canals leaving lands formerly on one side of the river isolated on the other side and the states recognize there may have been many natural cut-offs of the Missouri River prior to the stabilization work by the United States Army Corps of Engineers; and

WHEREAS, as to lands along or in proximity to the Missouri River, the states desire not to disturb private titles or claims which may have been established by private individuals by recognizing or locating any specific areas as belonging to or being within one state or the other, but the states desire to leave any questions of private titles to the parties involved; and

WHEREAS, the terms of this Compact shall be binding upon the states, their political and governmental subdivisions, and the officers and agents thereof; and

WHEREAS, the parties recognize that the present main navigable channel of the Missouri River as it exists within the designed channel as stabilized by the United States Army Corps of Engineers is or may be different from a line parallel and equidistant from the present banks of the Missouri River; and

WHEREAS, the States of Missouri and Nebraska have agreed upon the terms and provisions of a Compact to establish the boundary between the states.

To these ends, the States of Missouri and Nebraska have resolved to conclude a Compact with consent of the Congress of the United States, and have agreed upon the following articles to-wit:

ARTICLE I. Findings and Purposes

(a) The party states find that there are actual and potential disputes, controversies, criminal proceedings, and litigation arising or which may arise out of the location of the boundary line between the States of Missouri and Nebraska, that the Missouri River constituting the boundary between the states has changed its course from time to time, and that the United States Army Corps of Engineers has established a designed channel of the river for navigation and other purposes which designed channel is described and shown in the maps referred to in Article II.

(b) It is the principal purpose of the party states in executing this Compact to establish an identifiable compromise boundary between the States of Missouri and Nebraska for the entire distance thereof as of the effective date of this Compact without interfering with or otherwise affecting private rights or titles to property, and the party states declare that further compelling purposes of this Compact are: (1) To create a friendly and harmonious interstate relationship; (2) to avoid multiple exercise of sovereignty and jurisdiction including matters of taxation, judicial and police powers, and the exercise of administrative authority; (3) to encourage settlement and disposition of pending litigation and criminal proceedings and to avoid or minimize future disputes and litigation; (4) to promote economic and political stability; (5) to encourage the optimum mutual beneficial use of the Missouri River, its waters, and its facilities; (6) to establish a forum for the settlement of future disputes; (7) to place the boundary in a new or reestablished location which can be identified or located; and (8) to express the intent and policy of the states that the common boundary be established within the confines of the Missouri River, and both states shall continue to have access to and use of the waters of the river.

ARTICLE II. Establishment of Boundary

(a) The permanent compromise boundary line between the States of Missouri and Nebraska shall be fixed at the center line of the designed channel of the Missouri River, except for that land known as McKissick's Island determined by the United States Supreme Court to be within the State of Nebraska in the case of Missouri v. Nebraska, 196 U.S. 23 and 197 U.S. 577, as described on maps jointly prepared and certified by the state surveyors of Missouri and Nebraska and identified as the Missouri-Nebraska Boundary Compact Maps, which maps are incorporated herein and made a part hereof by reference and which maps are on file with the Secretaries of State of Missouri and Nebraska. This center line of the designed channel of the Missouri River is also described in this Compact by metes and bounds in Appendix "A" incorporated in this Compact and made a part of this Compact by reference.

(b) This center line of the designed channel of the Missouri River as described on the maps identified as the Missouri-Nebraska Boundary Compact Maps shall hereinafter be referred to as the "compromise boundary."

ARTICLE III. Relinquishment of Sovereignty

The State of Missouri hereby relinquishes to the State of Nebraska all sovereignty over all lands lying on the Nebraska side of such compromise boundary and the State of Nebraska hereby relinquishes to the State of Missouri all sovereignty over all lands lying on the Missouri side of such compromise boundary except for that land known as McKissick's Island determined by the Supreme Court of the United States to be within the State of Nebraska in the case of Missouri v. Nebraska, 196 U.S. 23, and 197 U.S. 577, and being more particularly described in the Missouri-Nebraska Boundary Compact Maps.

ARTICLE IV. Pending Litigation

Nothing in this Compact shall be deemed or construed to affect any litigation pending in the courts of either of the States of Missouri or Nebraska as of the effective date of this Compact concerning the title to any of the lands, sovereignty over which is relinquished by the State of Missouri to the State of Nebraska or by the State of Nebraska to the State of Missouri, and any matter concerning the title to lands, sovereignty over which is relinquished by either state to the other, may be continued in the courts of the state where pending until the final determination thereof.

ARTICLE V. Public Records

(a) The public record of real estate titles, mortgages, and other liens in the State of Missouri to any lands, the sovereignty over which is relinquished by the State of Missouri to the State of Nebraska, shall be accepted as evidence of record title to such lands, to and including the effective date of such relinquishment by the State of Missouri, by the courts of the State of Nebraska.

(b) The public record of real estate titles, mortgages, and other liens in the State of Nebraska to any lands, the sovereignty over which is relinquished by the State of Nebraska to the State of Missouri, shall be accepted as evidence of record title to such lands, to and including the effective date of such relinquishment by the State of Nebraska, by the courts of the State of Missouri.

(c) As to lands, the sovereignty over which is relinquished, the recording officials of the counties of each state shall accept for filing documents of title using legal descriptions derived from the land descriptions of the other state. The acceptance of such documents for filing shall have no bearing upon the legal effect or sufficiency thereof.

ARTICLE VI. Taxes

(a) Taxes for the current year lawfully imposed by the States of Missouri or Nebraska may be levied and collected by such state or its authorized governmental subdivisions and agencies on land, jurisdiction over which is relinquished by the taxing state to the other, and any liens or other rights accrued or accruing, including the right of collection, shall be fully recognized and the county treasurers of the counties or other taxing authorities affected shall act as agents in carrying out the provisions of this article. All liens or other rights arising out of the imposition of taxes, accrued or accruing, shall be claimed or asserted within five years after this Compact becomes effective and if not so claimed or asserted shall be forever barred.

(b) The lands, sovereignty over which is relinquished by the State of Missouri to the State of Nebraska, shall not thereafter be subject to the imposition of taxes in the State of Missouri from and after the current year. The lands, sovereignty over which is relinquished by the State of Nebraska to the State of Missouri, shall not thereafter be subject to the imposition of taxes in the State of Nebraska from and after the current year.

ARTICLE VII. Private Rights

(a) This Compact shall not deprive any riparian owner of such riparian owner's rights based upon riparian law and the establishment of the compromise boundary between the states shall not in any way be deemed to change or affect the boundary line of riparian owners along the Missouri River as between such owners. The establishment of the compromise boundary shall not operate to limit such riparian owner's rights to accretions across such compromise boundary.

(b) No private individual or entity claiming title to lands along the Missouri River, over which sovereignty is relinquished by this Compact, shall be prejudiced by the relinquishment of such sovereignty and any claims or possessory rights necessary to establish adverse possession shall not be terminated or limited by the fact that the jurisdiction over such lands may have been transferred by this Compact. Neither state shall assert any claim of title to abandoned beds of the Missouri River, lands along the Missouri River, or the bed of the Missouri River based upon any doctrine of state ownership of the beds or abandoned beds of navigable waters, as against any land owners or claimants claiming interest in real estate arising out of titles, muniments of title, or exercises of jurisdiction of or from the other state, which titles or muniments of title commenced prior to the effective date of this Compact.

ARTICLE VIII. Readjustment of Boundary by Negotiation

If at any time after the effective date of this Compact the Missouri River shall move or be moved by natural means or otherwise so that the flow thereof at any point along the course forming the boundary between the states occurs entirely within one of the states, each state at the request of the other agrees to enter into and conduct negotiations in good faith for the purpose of readjusting the boundary at the place or places where such movement occurred consistent with the intent, policy, and purpose hereof that the boundary will be placed within the Missouri River.

ARTICLE IX. Effective Date

(a) This Compact shall become effective when ratified by the General Assembly of the State of Missouri and the Legislature of the State of Nebraska and approved by the Congress of the United States.

(b) As of the effective date of this Compact, the States of Missouri and Nebraska shall relinquish sovereignty over the lands described herein and shall assume and accept sovereignty over such lands ceded to them as herein provided.

(c) In the event this Compact is not approved by the General Assembly of the State of Missouri and the Legislature of the State of Nebraska on or before October 1, 1998, and approved by the Congress of the United States within three years from the date hereof, this Compact shall be inoperative and for all purposes shall be void.

ARTICLE X. Enforcement

Nothing in this Compact shall be construed to limit or prevent either state from instituting or maintaining any action or proceeding, legal or equitable, in any court having jurisdiction, for the protection of any right under this Compact or the enforcement of any of its provisions.

ARTICLE XI. Amendments

This Compact shall remain in full force and effect unless amended in the same manner as that by which it was created.

Source

  • Laws 1971, LB 1034, § 1;
  • Laws 1998, LB 59, § 3.