Editing 1986: River Border
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==Explanation== | ==Explanation== | ||
− | + | [[Ponytail]] explains to [[Megan]] that the Missouri-Nebraska state border is based on the {{w|Missouri River}} they are watching. And because the path of rivers mostly only changes slowly, these borders are typically adopted to that changes. But then she explains that the river once had changed abruptly by a {{w|meander cutoff}} and the border didn't move with it. That means that they are on a part of the Missouri side of the river that in fact belongs to Nebraska. | |
− | + | It then occurred to Megan that she could break the law in this area because she is under the mistaken impression that she is in Nebraska but the police can't reach her over the river and Missourian cops actually don't have jurisdiction. In fact, there are no bridges linking it to Nebraska so police would have to go through Missouri in order to get to that part of Nebraska. | |
− | + | It should be noted that there are real-world examples of strange border interactions that either create legal loopholes or make law enforcement difficult. A famous example, in the US, is a section of Yellowstone National Park that crosses over the Idaho border. [https://papers.ssrn.com/sol3/papers.cfm?abstract_id=691642 An article in the Georgetown Law Review] noted that, since the Park is a federal district, and juries must be selected from people living in the same state ''and'' federal district as the crime, the only qualified jurors would have to live in the Idaho section of the park, but that section has no permanent residents. In theory, then, any crimes committed on this patch of land could not be prosecuted. How this would work out in real life remains questionable, as there are no records of anyone being arrested for a crime in that region, but the law seems to have inadvertently created a zone in which laws cannot be enforced. Similarly, {{w|Bir Tawil}}, a region along the border between Egypt and Sudan, is claimed by neither country as a result of the {{w|Halaib Triangle}} border dispute, and thus crimes committed in the area would be unlikely to be prosecuted. Megan seems to mistakenly think something similar is in effect any time a state's border briefly crosses a river. | |
− | + | The final panel shows Megan saying she's going to cut a pizza into a spiral, which while unconventional is by no means illegal, and she runs off to commit more things she calls crimes, likely similar acts to cutting a pizza in an uncommon way. | |
− | + | In the title text, [[Randall]] claims/hypothesizes the disputed region is probably considered like the {{w|International waters|high seas}}, suggesting the pizza case would then fall under {{w|Admiralty law|maritime law}}. "Pieracy" is a portmanteau of ''pie'' (another name for a pizza) and "piracy"; and pizzas are frequently made with marinara sauce, so "Maritime" law is rendered "Marinaritime". This is most likely a reference to {{w|The Martian (film)|The Martian}}, in which it was noted that Mars is technically international waters as well. | |
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− | In the title text, [[Randall]] claims/hypothesizes the disputed region is probably considered like the {{w|International waters|high seas}}, suggesting the pizza case would then fall under {{w|Admiralty law|maritime law}} | ||
The region mentioned in the comic can be seen here at [https://www.google.com/maps/@40.5270132,-95.6954944,10627m/ Google maps] and is known as {{w|McKissick Island}}. In 1904, the U.S. Supreme Court confirmed in Missouri v. Nebraska that a sudden change of a river's course does not change any border. See: [https://supreme.justia.com/cases/federal/us/196/23/case.html Missouri v. Nebraska, 196 U.S. 23 (1904)]. | The region mentioned in the comic can be seen here at [https://www.google.com/maps/@40.5270132,-95.6954944,10627m/ Google maps] and is known as {{w|McKissick Island}}. In 1904, the U.S. Supreme Court confirmed in Missouri v. Nebraska that a sudden change of a river's course does not change any border. See: [https://supreme.justia.com/cases/federal/us/196/23/case.html Missouri v. Nebraska, 196 U.S. 23 (1904)]. | ||
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An avulsion is a sudden change in the location of a river or stream, often due to flooding. In times of flood, a river can cut a new channel through surrounding land, which can create islands and oxbow lakes. According to common law, an avulsive change will not change the boundary of the land, as it is likely that the property is unchanged except for the new channel. | An avulsion is a sudden change in the location of a river or stream, often due to flooding. In times of flood, a river can cut a new channel through surrounding land, which can create islands and oxbow lakes. According to common law, an avulsive change will not change the boundary of the land, as it is likely that the property is unchanged except for the new channel. | ||
− | In the real world, however, river systems undergo both accretion and avulsion multiple times over | + | In the real world, however, river systems undergo both accretion and avulsion multiple times over a period of time. This makes the determination of property lines along riverine boundaries one of the most complicated aspects of boundary surveying. An examination of a river boundary will require in-depth research of the local history of the river, including reviewing deeds, government survey plats, private survey maps, aerial photos taken over time, local landowners recollections, and local lore. In situations where there is disagreement over whether an avulsive or accretive change happened, landowners may have to go to court for a suit to quiet title. |
Further in-depth reading may be found in the US Bureau of Land Management's 2009 Manual of Surveying Instructions, Chapter 8, specifically pages 197-205. (See: [https://www.blm.gov/sites/blm.gov/files/Manual_Of_Surveying_Instructions_2009.pdf PDF (37.7 MByte)].) | Further in-depth reading may be found in the US Bureau of Land Management's 2009 Manual of Surveying Instructions, Chapter 8, specifically pages 197-205. (See: [https://www.blm.gov/sites/blm.gov/files/Manual_Of_Surveying_Instructions_2009.pdf PDF (37.7 MByte)].) | ||
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*The most usual definition of a riverine border uses the {{w|talweg}}. The talweg (German for "valley path") always follows the line of the deepest points in the water body. Especially at river bends, the talweg is rarely in the middle of the river. Incidentally, the talweg also signifies the navigable zone of a river. In terms of {{w|natural border}}s, one counterpart of a talweg is the {{w|drainage divide}}, but these divides are hard to recognize on a map and rarely used to define a real border. | *The most usual definition of a riverine border uses the {{w|talweg}}. The talweg (German for "valley path") always follows the line of the deepest points in the water body. Especially at river bends, the talweg is rarely in the middle of the river. Incidentally, the talweg also signifies the navigable zone of a river. In terms of {{w|natural border}}s, one counterpart of a talweg is the {{w|drainage divide}}, but these divides are hard to recognize on a map and rarely used to define a real border. | ||
− | The Mexican-US-Border that follows the Rio Grande is one of the most prominent examples of an international border that needs meticulous regulation. Thus, the {{w|International Boundary and Water Commission}} was created. This commission was involved when the two nations rectified the course of the river, ceding equal amounts of land to each other. The Canada-US-Border is overseen by a similar commission. There is also a strange section on the border to Canada, which Randall mentions in | + | The Mexican-US-Border that follows the Rio Grande is one of the most prominent examples of an international border that needs meticulous regulation. Thus, the {{w|International Boundary and Water Commission}} was created. This commission was involved when the two nations rectified the course of the river, ceding equal amounts of land to each other. The Canada-US-Border is overseen by a similar commission. There is also a strange section on the border to Canada, which Randall mentions in this comic: [[1902: State Borders]]. |
The border between Delaware and New Jersey veers from the median and talweg methods such that Delaware's border includes all the way to the New Jersey shore where the {{w|Delaware River}} is within what is known as the {{w|Twelve-Mile Circle}}. | The border between Delaware and New Jersey veers from the median and talweg methods such that Delaware's border includes all the way to the New Jersey shore where the {{w|Delaware River}} is within what is known as the {{w|Twelve-Mile Circle}}. | ||
− | One of the causes of the {{w|Iran-Iraq War}} was the dispute on shipping rights on the {{w|Shatt-el Arab river}}, and because the border was defined as the low water mark at the ''eastern'' side of that river, Iranian shipping was severely restricted. So the Shah of Persia announced | + | One of the causes of the {{w|Iran-Iraq War}} was the dispute on shipping rights on the {{w|Shatt-el Arab river}}, and because the border was defined as the low water mark at the ''eastern'' side of that river, Iranian shipping was severely restricted. So the Shah of Persia announced to ignore the 1937 treaty on shipping rights, saying that most riverine borders all around the world are defined by the talweg. |
Between Switzerland and Italy, the border is, at most locations, defined by the actual {{w|drainage divide}}. Because the {{w|Theodul Glacier}} between {{w|Zermatt}} (Switzerland) and {{w|Breuil-Cervinia}} (Italy) is slowly melting, the drainage divide moves southwards, thus slowly enlarging the Swiss territory. | Between Switzerland and Italy, the border is, at most locations, defined by the actual {{w|drainage divide}}. Because the {{w|Theodul Glacier}} between {{w|Zermatt}} (Switzerland) and {{w|Breuil-Cervinia}} (Italy) is slowly melting, the drainage divide moves southwards, thus slowly enlarging the Swiss territory. | ||
− | Most other national borders in Europe are defined today as ''fiat borders'' instead of following natural landmarks like rivers. If a river changes course now, the depicted situation would occur; however, most larger rivers have been rectified more than a century ago and thus don't | + | Most other national borders in Europe are defined today as ''fiat borders'' instead of following natural landmarks like rivers. If a river changes course now, the depicted situation would occur; however, most larger rivers have been rectified more than a century ago and thus don't change course often. |
==Transcript== | ==Transcript== |