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To: BuckeyeTexan

Exactly. There are two places here in Iowa where Iowa is on the OTHER side of the river, because the river has moved.

Apparently, supposedly the BLM controls the land where the river is or was, or something. I’ve seen the claim but no proof. I don’t know any other state where this is true. Borders between the states are state issues, where do the Feds figure into this?


119 posted on 04/25/2014 7:25:46 PM PDT by Free Vulcan (Vote Republican! You can vote Democrat when you're dead...)
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To: Free Vulcan

Coming out of the revolution several colonies had conflicting boundary claims. Couldn’t settle. Congress commissioned surveyors to settle the disputes and parcel off the northwest territory.

Source. The Fabric of America

Don’t know what the law says, but that’s a role the Feds took then.


121 posted on 04/25/2014 7:29:51 PM PDT by morphing libertarian
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To: Free Vulcan

There’s a SCOTUS decision that says the feds control the land under all navigable waterways. I think it had to do with the EPA. I’ll find it and post a link.


123 posted on 04/25/2014 7:54:51 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Free Vulcan

The Chamizal Memorial (Park) near El Paso, Tx. has something to do with how the Rio Grande shifted back and forth between the USA and Mexico.


124 posted on 04/25/2014 8:30:05 PM PDT by BeadCounter
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To: Free Vulcan; Jim Robinson; xzins; Ray76; P-Marlowe
There are two places here in Iowa where Iowa is on the OTHER side of the river, because the river has moved.

Apparently, supposedly the BLM controls the land where the river is or was, or something. I’ve seen the claim but no proof. I don’t know any other state where this is true. Borders between the states are state issues, where do the Feds figure into this?

The feds figure into it through the Equal Footing Doctrine when a state is admitted to the Union.

Under the equal footing doctrine a state admitted to the Union is the complete equal of the original states. “The rule [is] that the States, in their capacity as sovereigns, hold title to the beds under navigable waters.”

Upon statehood, the State gains title within its borders to the beds of waters then navigable or tidally influenced. It may allocate and govern those lands according to state law subject only to “the paramount power of the United States to control such waters for purposes of navigation in interstate and foreign commerce.” The United States retains any title vested in it before statehood to any land beneath waters not then navigable and not tidally influenced, to be transferred or licensed if and as it chooses. Source.

In February 2012, SCOTUS unanimously reaffirmed the tests traditionally used to determine navigable waters in PPL Montana, LLC v. State of Montana. The ruling in PPL Montana significantly affected the EPA and Army Corps of Engineers. If you are interested in the details of how navigability is determined, there are several cases cited at the link I provided. Rapanos v. United States is another big case.
143 posted on 04/27/2014 10:35:43 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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