In this original action the States of New Jersey and Delaware make competing claims for the right to exercise regulatory jurisdiction over wharves and other improvements extending from the New Jersey shore into the Delaware River1 within the so-called twelve-mile circle.2 Each State claims exclusive jurisdiction over such improvements: New Jersey on the basis of the Compact of 1905 (the “Compact”) entered into between the two States; Delaware principally on the basis of the decision of this Court in New Jersey v. Delaware, 291 U.S. 361 (1934). Delaware argues in the alternative that, even if Delaware’s jurisdiction is not exclusive, New Jersey’s jurisdiction is limited and also non-exclusive, resulting in the two States having overlapping jurisdiction. This Report discusses the States’ contentions and sets forth recommendations for the Court. Briefly stated, the Report recommends that the Court rule that, within the twelve-mile circle, (i) New Jersey’s authority to convey riparian lands extends only to the boundary between the States at the low water mark3 on the New Jersey side of …
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