Georgia v. South Carolina (1989)
- Docket
- 74-orig
- Decided
- 1989-01-01
Summary
Question: What is the proper boundary between Georgia and South Carolina? Conclusion: Justice Harry A. Blackmun delivered the majority opinion. The Court agreed with the portion of the Special Master's report that held that the disputed Barnwell islands (Hog Island, Long Island, and Barnwell Island No. 3) rightfully belonged to South Carolina because of South Carolina's history of taxing, policing, and prosecuting activities on those islands. The Court also held that the islands that emerged after the Treaty of Beaufort (Treaty) had no effect on the boundary line between the two states. These islands were granted to whichever state held the side of the existing boundary on which they fell. The Court ruled in favor of the Special Master's conclusion regarding the location of the mouth of the Savannah River and overruled Georgia's exception that would have granted that state possession of Oyster Bed Island. Additionally, the Court ruled in favor of Georgia's objection to the "right angle principle" that the Special Master used to determine the boundary when there was an island that would alter the assumed border from the middle of the river. The Court also found that the Special Master correctly gave Denwill, Horseshoe Shoal, and the entirety of Bird Island to Georgia. Finally, the Court approved the Special Master's recommendation regarding the lateral seaward boundary. Justice White wrote an opinion dissenting in part in which he argued that the Special Master's use of the "right angle principle" was a reasonable approach that was consistent with the Court's prior decisions. Justice Stevens wrote a separate opinion dissenting in part in which he argued that precedent favored South Carolina's exception to the lateral seaward boundary. In his separate opinion dissenting in part, Justice Scalia wrote that the facts do not support the Court's decision to award Denwill and Horseshoe Shoal to Georgia. Justice Kennedy also wrote a separate opinion dissenting in part in which he argued that every new island that is created by natural forces should belong to Georgia unless it has been specifically granted to South Carolina.