New Jersey v. New York, 523 U.S. 767, 23 (1998)

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Cite as: 523 U. S. 767 (1998)

Opinion of the Court

sovereign pretension, a single fingerprint that can never suffice for title even when there is only one claimant will fail all the more abjectly when a claim is made against a holder of title independently established.

Before turning to the evidence, a word must be said on one threshold issue, on which the parties agree. As the Special Master thought, the time period during which New York's prescriptive acts ripened into sovereignty, if they did at all, is 1890 to 1954. The United States added no fill to the original Island until 1890, and after 1954 it is undisputed that New Jersey vigorously asserted its own sovereignty over the filled portions of the Island. At most, then, New York may rely upon exercises of dominion over the made land with New Jersey's consent for 64 years,10 a period that is not insufficient as a matter of general law. To be sure, we have never established a minimum period of prescription necessary to perfect a jurisdictional claim over another State's territory, and it is clear that "no general rule can be laid down as regards the length of time and other circumstances which are necessary to create a title by prescription. Everything depends upon the merits of the individual case. . . .

to be in New Jersey. That is, however, what Justice Stevens would apparently permit New York to do. See, e. g., post, at 814-815 ("There is no evidence that any of those people ever believed that any part of Ellis Island was in the State of New Jersey"); post, at 818 ("There is no evidence that any [birth or death] certificate was issued by New Jersey"); post, at 819 ("There is no evidence of any Ellis Island resident being married under New Jersey law"); post, at 821 ("There is no evidence that any of [the Island] residents prepared or received any mail or other documents describing their residence as in New Jersey"); post, at 822 (relying upon the lack of evidence that New Jersey provided municipal services on the Island); post, at 823 ("Nor is there any evidence that any judge, state or federal, ever held that Ellis Island was a part of New Jersey").

10 Because the United States continued to expand the Island until 1934, the relevant period for some parts of the Island is much shorter. As will appear, niceties of timing do not affect the outcome here.

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