Subject: arc swings was denj follies etc
Date: Mar 17, 2005 @ 19:05
Author: aletheia kallos (aletheia kallos <aletheiak@...>)
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toon town imagery ahead not for sensitive minds

--- "Flynn, Kevin" <flynnk@...>
wrote:

> > -----Original Message-----
> > From: aletheiak [mailto:aletheiak@...]
> > Sent: Wednesday, March 16, 2005 11:00 PM
> > To: BoundaryPoint@yahoogroups.com
> > Subject: [BoundaryPoint] Re: river condo authority
> joins denj follies
>
> > but the idea that the circle could ever have
> continued onto the
> > natural left bank anywhere above the low water
> mark
> > if that is what you think you saw in the delaware
> archives
> > is clearly misguided because of the priority of
> the nj title
> > to all that
> > dry land
>
> No, that isn't what I thought. Some docs I was
> perusing online in the
> archives talked about the extension of the circle
> over to the low water
> mark, and not any dry land. It was to give DE its
> authority over the water
> of the river to the NJ bank.

oh ok
& thats to be expected
but i am glad i got this extravagant thought out here
because i once hoped to find some trace of a ghost
delaware arc in interior new jersey
til i realized the dates of the deeds precluded it

not to mention the fact that before penn got pa & de
he already owned a twelfth of nj
& could never have allowed himself to rob himself &or
his partners

in fact it was only the detailed attention i gave to
this crazy quest that clued me to the fact that the
1934 supreme court arc swing circumcising artificial
island was so hilariously short of radius
& should rather have completely castrated artificial
island & created the monstrosity mentioned in
http://egroups.com/group/BoundaryPoint/message/16718
& which you can visualize with the help of the before
& after maps linked there too

leading to your first question below

> I suppose its name betrays it, but Artificial Island
> must not have existed
> as it does today at the time the southern end of the
> circle was agreed upon?

indeed it must have been created some time after the
1927 survey date on the antique topo but prior to the
1934 court decision

> Otherwise, if it did, under the grants as given the
> DE line would have had
> to follow the low water mark around the northern tip
> of Artificial Island,
> would it not?

yes
& again yes this is not the case

Thus denying DE any dry land on the NJ
> shore. But under the
> same principle as NJ finally getting jurisdiction
> over the filled areas of
> Ellis Island because it was raised up from the bay
> floor it controlled, DE
> may have gained sovereignty over the tip of
> Artificial Island because it was
> raised up from the river bed after the circle had
> been closed? No?

yes & i imagine this is why the court felt it had to
perform at least some semblance of a circumcision &
award the foreskin to delaware

the far messier prospect of an entire castration of
artificial island that we might have expected if they
got the radius right
the court apparently had no taste for

& if so then understandably so

for perhaps they felt this was no time to exercise the
meticulous precision they later exacted on ellis
island

but i see our quest for the special masters report in
the library of congress that will explain the cause &
size of the discrepancy of the gouge is now only weeks
away




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