South Dakota v. Nebraska

• Citation: 102 S.Ct. 3477,73 L.Ed.2d 764,458 U.S. 276,73 L.Ed.2d 1364
• Decision Date: 28 June 1982
• Docket Number: No. 72,72
• Parties: State of SOUTH DAKOTA, plaintiff, v. State of NEBRASKA, and Robert J. Foley and Phyllis K. Foley, as joint tenants and their survivor, and Helen Isaak, as executrix of the estate of Otto Isaak, deceased, Intervenors
• Court: United States Supreme Court

458 U.S. 276

102 S.Ct. 3477

73 L.Ed.2d 764

73 L.Ed.2d 1364

State of SOUTH DAKOTA, plaintiff,

v State of NEBRASKA, and Robert J. Foley and Phyllis K. Foley, as joint tenants and their survivor, and Helen Isaak, as executrix of the estate of Otto Isaak, deceased, Intervenors

No. 72

Supreme Court of the United States

June 28, 1982

On bill of complaint.

The Report of the Special Master is received and ordered filed.

This matter comes before this Court on Stipulation by each of the parties hereto: the State of South Dakota, by and through its Attorney General, Mark Meierhenry; the State of Nebraska, by and through its Attorney General, Paul L. Douglas; the Intervenors, by and through themselves and their attorney, Everett A. Bogue.

FINDINGS AND DECREE

IT IS THE FINDING OF THIS COURT THAT:

1. The parties have concluded that it is in the best interest of each of them to 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 said parties with respect to the location of the boundary between the States and, therefore, to settle and to terminate this dispute by agreement and compromise and submission of the boundary between the State of South Dakota and the State of Nebraska with respect to Rush Island in the future to a Joint State Boundary Commission.

2. In the furtherance of the best interests of each of the parties, it is agreed that that land known as "Elk/Rush Island," subject to this lawsuit, is now, and has been, within the boundary of the State of Nebraska and subject to its jurisdiction.

3. The State of South Dakota has agreed to cede to the Intervenors any right or title it may have in the subject property known as "Elk/Rush Island," more fully described in Appendix A attached to the Stipulation; and the State of South

Dakota specifically recognizes the Judgment of the District Court of Cedar County, Nebraska, dated November 7, 1958, which quieted title to the above identified land in Clyde Gill and others, predecessors of the Intervenors, which action can be found in the records of Cedar County District Court of Nebraska, Case No. 5628, Docket 24, Page 13.

4. The State of South Dakota has further agreed to dismiss an action to quiet title filed in the Circuit Court of Yankton, South Dakota, regarding this subject property.

5. The States of Nebraska and South Dakota have agreed to submit...