Piscataqua River border dispute
![](http://upload.wikimedia.org/wikipedia/commons/thumb/1/1f/1893_U._S._Geological_Survey_Map_of_Portsmouth_Harbor.jpg/300px-1893_U._S._Geological_Survey_Map_of_Portsmouth_Harbor.jpg)
The Piscataqua River border dispute was a dispute between the US states of Maine and New Hampshire over ownership of Seavey’s Island in the Piscataqua River, which forms the border between Maine and New Hampshire. The dispute was settled in 2002 by the US Supreme Court in favor of Maine.
Background
Seavey's Island lies in the northern side of the Piscataqua River, between the town of Kittery, Maine, and the city of Portsmouth, New Hampshire. The island was originally five separate islands which were conjoined between 1800 and 1866 in order to build a naval shipyard. The State of Maine asserted that the boundary between the states runs along the middle of the river to the south of Seavey's Island, which places the island within Maine. The State of New Hampshire asserted a historical claim to ownership of the river up to the shoreline on the Maine side, which would place the island within New Hampshire.[1]
The United States federal government owns the island, which is the site of the Portsmouth Naval Shipyard. For many years the US Navy regarded the shipyard as belonging to New Hampshire (whence the name Portsmouth Naval Shipyard after the city of Portsmouth, New Hampshire). Later the Navy adopted a neutral position in the dispute.[1]
Maine imposes an
Supreme Court case
In March 2000 New Hampshire filed a lawsuit in the Supreme Court against Maine, claiming ownership of the island.
In 1977, New Hampshire had sued Maine (see
Maine responded to the 2001 suit with a request to dismiss based on the principle of res judicata, arguing that the 1740 decision and the outcome of the 1977 case barred New Hampshire from filing another border complaint. Indeed, the case was dismissed on procedural grounds, not decided on the arguments.
On May 29, 2001, Justice
New Hampshire appealed the dismissal and requested the Court to reconsider its dismissal, but the Court denied the motion to reconsider.[8]
See also
- New Hampshire Revised Statutes Annotated regarding New Hampshire’s borders with Maine and other states
References
- ^ a b "Supreme Court Roundup; Border Dispute Will Get a Hearing". The New York Times. June 30, 2000.
- ^ a b c Clark, Dave. "New Hampshire v. Maine". Medill News Service. Northwestern University.
- ^ "Taxation without Representation". Portsmouth Herald.
- ^ Oyez.org: New Hampshire v. Maine, 532 U.S. 742 (2001)
- ^ New Hampshire v. Maine, 426 US 363 (1977), via Findlaw
- ^ New Hampshire v. Maine (PDF), Admiralty Law Guide
- ^ "Border dispute is back on local agenda". Portsmouth Herald.
- ^ New Hampshire Department of Justice News Release, August 6, 2001