7.002. Explanatory Note: Changes in the course of the Missouri River which serves as boundary between the states of Missouri and Nebraska necessitated this compact. - Missouri Statutes

Explanatory Note: Changes in the course of the Missouri River whichserves as boundary between the states of Missouri and Nebraskanecessitated this compact.

7.002. That on and after the approval and consent of the Congress ofthe United States of America to this act and a similar or reciprocal actenacted by the legislature of the state of Nebraska, as hereinafterprovided, the boundary line between the states of Missouri and Nebraskashall be as follows:

MISSOURI-NEBRASKA BOUNDARY COMPACTARTICLE I. Findings and Purposes

(a) The states of Missouri and Nebraska find that there are actualand potential disputes, controversies, criminal proceedings and litigationarising or which may arise out of the location of the boundary line betweenthe states of Missouri and Nebraska; that the Missouri River constitutingthe boundary between the states has changed its course from time to time,and that the United States Army Corps of Engineers has established a mainchannel of such river for navigation and other purposes, which main channelis identified on maps jointly certified by the state surveyors of Missouriand Nebraska and identified as the "Missouri-Nebraska Boundary Maps", whichmaps are incorporated in this act and made part of this act by reference,and which maps shall be filed with the secretaries of state of Missouri andNebraska.

(b) It is the principal purpose of the states of Missouri andNebraska in executing the compact to establish an identifiable compromiseboundary between the state of Missouri and the state of Nebraska for theentire distance thereof as of the effective date of the compact withoutinterfering with or otherwise affecting private rights or titles toproperty, and the states of Nebraska and Missouri declare that furthercompelling purposes of the compact are:

(1) To create a friendly and harmonious interstate relationship;

(2) To avoid multiple exercise of sovereignty and jurisdictionincluding matters of taxation, judicial and police powers and exercise ofadministrative authority;

(3) To encourage settlement and disposition of pending litigation andcriminal proceedings and avoid or minimize future disputes and litigation;

(4) To promote economic and political stability;

(5) To encourage the optimum mutual beneficial use of the MissouriRiver, its waters and its facilities;

(6) To establish a forum for settlement of future disputes;

(7) To place the boundary in a location which can be identified orlocated; and

(8) To express the intent and policy of the states that the commonboundary be established within the confines of the Missouri River and bothstates shall continue to have access to and use of the waters of the river.ARTICLE II. Establishment of Boundary

The permanent compromise boundary line between the states of Missouriand Nebraska shall be fixed at the center line of the main channel of theMissouri River as of the effective date of the compact, except for thatland known as McKissick's Island as determined by the Supreme Court of theUnited States to be within the state of Nebraska in the case of Missouri v.Nebraska, 196 U.S. 23, and 197 U.S. 577, all of which is identified on mapsjointly prepared and certified by the state surveyors of Missouri andNebraska and identified as the "Missouri-Nebraska Boundary Compact Maps",incorporated in this act and made a part of this act by reference, andwhich maps shall be filed with the secretaries of state of Missouri andNebraska. This center line of the main channel of the Missouri Riverbetween the states is also described in this act by metes and bounds on the"Missouri-Nebraska Boundary Compact Maps" incorporated in this act byreference and made a part of this act. This center line of the mainchannel of the Missouri River as described on such maps shall be referredto as the "compromise boundary".ARTICLE III. Relinquishment of Sovereignty

The state of Missouri hereby relinquishes to the state of Nebraska allsovereignty over all lands lying on the Nebraska side of such compromiseboundary and the state of Nebraska hereby relinquishes to the state ofMissouri all sovereignty over all lands lying on the Missouri side of suchcompromise boundary except for that land known as McKissick's Island whichis identified on the "Missouri-Nebraska Boundary Compact Maps" incorporatedin this act by reference and made a part of this act.ARTICLE IV. Pending Litigation

Nothing in the act shall be deemed or construed to affect anylitigation pending in the courts of either of the states of Missouri orNebraska as of the effective date of the compact concerning the title toany of the lands, sovereignty over which is relinquished by the state ofMissouri to the state of Nebraska or by the state of Nebraska to the stateof Missouri and any matter concerning the title to lands, sovereignty overwhich is relinquished by either state to the other, may be continued in thecourts of the state where pending until the final determination thereof.ARTICLE V. Public Records

(a) The public record of real estate titles, mortgages and otherliens in the state of Missouri to any lands, the sovereignty over which isrelinquished by the state of Missouri to the state of Nebraska, shall beaccepted as evidence of record title to such lands, to and including theeffective date of such relinquishment by the state of Missouri, by thecourts of the state of Nebraska.

(b) The public record of real estate titles, mortgages and otherliens in the state of Nebraska to any lands, the sovereignty over which isrelinquished by the state of Nebraska to the state of Missouri, shall beaccepted as evidence of record title to such lands, to and including theeffective date of such relinquishment by the state of Nebraska, by thecourts of the state of Missouri.

(c) As to lands, the sovereignty over which is relinquished, therecording officials of the counties of each state shall accept for filingdocuments of title using legal descriptions derived from the landdescriptions of the other state. The acceptance of such documents forfiling shall have no bearing upon the legal effect or sufficiency thereof.ARTICLE VI. Taxes

(a) Taxes lawfully imposed by either Missouri or Nebraska may belevied and collected by such state or its authorized governmentalsubdivisions and agencies on land, jurisdiction over which is relinquishedby the taxing state to the other, and any liens or other rights accrued oraccruing, including the right of collection, shall be fully recognized andthe county treasurers of the counties or other taxing authorities affectedshall act as agents in carrying out the provisions of this article;provided, that all liens or other rights arising out of the imposition oftaxes, accrued or accruing, shall be claimed or asserted within five yearsafter the compact becomes effective and if not so claimed or asserted shallbe forever barred.

(b) The lands, sovereignty over which is relinquished by the state ofMissouri to the state of Nebraska, shall not thereafter be subject to theimposition of taxes in the state of Missouri from and after the effectivedate of the compact. The lands, sovereignty over which is relinquished bythe state of Nebraska to the state of Missouri, shall not thereafter besubject to the imposition of taxes in the state of Nebraska from and afterthe effective date of the compact.ARTICLE VII. Private Rights

(a) The compact shall not deprive any riparian owner of such riparianowner's rights based upon riparian law and the establishment of thecompromise boundary between the states shall not in any way be deemed tochange or affect the boundary line of riparian owners along the MissouriRiver as between such owners. The establishment of the compromise boundaryshall not operate to limit such riparian owner's rights to accretionsacross such compromise boundary.

(b) No private individual or entity claims of title to lands alongthe Missouri River, over which sovereignty is relinquished by the compact,shall be prejudiced by the relinquishment of such sovereignty and anyclaims or possessory rights necessary to establish adverse possession shallnot be terminated or limited by the fact that the jurisdiction over suchlands may have been transferred by the compact. Neither state will assertany claim of title to abandoned beds of the Missouri River, lands along theMissouri River, or the bed of the Missouri River based upon any doctrine ofstate ownership of the beds or abandoned beds of navigable waters, asagainst any land owners or claimants claiming interest in real estatearising out of titles, muniments of title, or exercises of jurisdiction ofor from the other state, which titles or muniments of title commenced priorto the effective date of this compact.ARTICLE VIII. Readjustment of Boundary by Negotiation

If at any time after the effective date of the compact the MissouriRiver shall move or be moved by natural means or otherwise so that the flowthereof at any point along the course forming the boundary between thestates occurs entirely within one of the states, each state at the requestof the other, agrees to enter into and conduct negotiations in good faithfor the purpose of readjusting the boundary at the place or places wheresuch movement occurred consistent with the intent, policy and purposehereof that the boundary will be placed within the Missouri River.ARTICLE IX. Effective Date

(a) The compact shall become effective on the first day of January ofthe year after it is ratified by the general assembly of the state ofMissouri and the legislature of the state of Nebraska and approved by theCongress of the United States.

(b) As of the effective date of the compact, the state of Missouriand the state of Nebraska shall relinquish sovereignty over the landsdescribed in the compact and shall assume and accept sovereignty over suchlands ceded to them as provided in the compact.

(c) In the event the compact is not approved by the general assemblyof the state of Missouri and the legislature of the state of Nebraska on orbefore October 1, 1999, and approved by the Congress of the United Stateswithin three years from the date of such approval, the compact shall beinoperative and for all purposes shall be void.ARTICLE X. Enforcement

Nothing in the compact shall be construed to limit or prevent eitherstate from instituting or maintaining any action or proceeding, legal orequitable, in any court having jurisdiction, for the protection of anyright under the compact or the enforcement of any of its provisions.ARTICLE XI. Amendments

The compact shall remain in full force and effect unless amended inthe same manner as that by which it was created.

(L. 1990 H.B. 1063, A.L. 1995 H.B. 35 merged with S.B. 123, A.L. 1997 S.B. 29)

Revisor's note: This compact was first approved by the General Assembly of the State of Missouri on April 18, 1990 and signed by the Governor of Missouri on May 9, 1990. The Legislature of the State of Nebraska took no action from 1990 through 1997. In 1998, Nebraska passed Legislative Bill 59 which was signed by the Governor of Nebraska on April 14, 1998, and became effective on July 15, 1998.

On November 12, 1999, HJR 54, which grants the consent of the United States Congress to the Missouri-Nebraska Boundary Compact, was signed into law by the President of the United States and became Public Law 106-101.