Yes. The analogy between the Delaware portion of Artificial Island and the New
Jersey portion of Ellis Island is almost perfect. When a boundary is in place
through water or along a high- or low-water mark, any artificial filling (or
even dredging) doesn't change it (absent something in writing to the contrary).
You are also correct that the boundary would have followed the low-water mark
around the northern end of Artificial Island, had that island not been
artificial.
Remember that there is a formal ferry landing on fill extending from the New
Jersey bank into Delaware, plus one or two other smaller filled protrusions.
Lowell G. McManus
Leesville, Louisiana, USA
----- Original Message -----
From: "Flynn, Kevin" <flynnk@...>
To: <BoundaryPoint@yahoogroups.com>
Sent: Thursday, March 17, 2005 10:57 AM
Subject: RE: [BoundaryPoint] Re: river condo authority joins denj follies
>
>> -----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.
>
> 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?
> 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? 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?
>
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