Louisiana v. Mississippi, 516 U.S. 22, 6 (1995)

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Cite as: 516 U. S. 22 (1995)

Opinion of the Court

good results, forcing the main channel of the river to the right of the island and building a bar to the head of Stack Island, as shown by the high-water survey of April 1883.' " Report of Special Master 20.

Like the Special Master, we are unconvinced that Stack Island disappeared in 1883. Louisiana alleges other disappearances, including one as recently as 1948. We find no credible evidence of these disappearances, but instead find compelling evidence of Stack Island's continued existence. We note first that the north portion of Stack Island has 70-year-old cottonwood trees growing on it and that long-time residents of the area report no disappearances of the island. The record, moreover, contains numerous maps of the region beginning with the 1881 patent survey and coming into the present era, and every one of them shows the existence of Stack Island. With the exception of a single exhibit, dated 1970, all of the maps and mosaics show a land mass that the mapmaker identifies by name as Stack Island, even for the years since 1954 when that land mass has no longer been insular in form. These maps show Stack Island's progression from the Mississippi side of the river to the Louisiana side. When the maps are superimposed one over the other in chronological order, the successive maps show a land mass covering a significant portion of Stack Island shown on the preceding map. The maps satisfy us that Stack Island did not wash away and is now the disputed area.

We need not delve into the proper definition of an island, as Louisiana would have us do, because the Special Master adopted Louisiana's rigorous test, and found that Stack Island satisfied it.

Louisiana raises no exceptions to that portion of the Special Master's report finding that Louisiana lacked standing to challenge the Houston Group's claim of title. Louisiana requests a new trial of the supplemental hearing before the Special Master but offers no sound reason in support of that request, so we must deny it.

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