Nebraska v. Iowa (406 U.S. 117)

The exceptions to the Special Master's Report in this action brought by Nebraska for construction and enforcement of the Iowa-Nebraska Boundary Compact of 1943, entered into to establish a permanent location of a boundary line made difficult by the meanderings of the Missouri River, are generally overruled. Iowa's exception to the Master's recommendation for an injunction enjoining Iowa from further prosecution of certain pending cases is sustained, as the Court is confident Iowa will abide by the adoption of the Master's conclusion that in any proceeding between a private litigant and the State in which a claim of title good under Nebraska law to land allegedly ceded to Iowa under the Compact is proved, Iowa shall not invoke its common-law doctrine of state ownership as defeating such title. The States may submit a proposed decree in accordance with this opinion, and, if they cannot agree, the Master will prepare and submit a recommended decree. Pp. 117-127.

BRENNAN, J., delivered the opinion for a unanimous Court.

Howard H. Moldenhauer, Special Assistant Attorney General of Nebraska, argued the cause for plaintiff. With him on the briefs were Clarence A.H. Meyer, Attorney General, and Joseph R. Moore, Special Assistant Attorney General.

Michael Murray, Special Assistant Attorney General of Iowa, argued the cause for defendant. With him on the briefs were Richard C. Turner, Attorney General, and Manning Walker, Special Assistant Attorney General.