08 LC 28
3985ER
Senate
Resolution 822
By:
Senators Shafer of the 48th, Mullis of the 53rd, Reed of the 35th, Pearson of
the 51st, Smith of the 52nd and others
A
RESOLUTION
Creating
the Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; and
for other purposes.
WHEREAS,
the northern border of the State of Georgia and the southern border of the
states of North Carolina and Tennessee lies at the 35th parallel, north of the
southernmost bank of the Tennessee River; and
WHEREAS,
a flawed survey conducted in 1818 and never accepted by the State of Georgia
erroneously marks the 35th parallel south of its actual location;
and
WHEREAS,
over a long period of years, from time to time, the legislatures of these states
have undertaken to authorize the appointment of committees to meet and to
resolve the issues associated with the wrongly surveyed and erroneously marked
border; and
WHEREAS,
by an Act of the General Assembly of North Carolina, approved in 1881 (N.C. Gen.
Stat. 141-1 to 6 (1964)), the General Assembly of North Carolina authorized the
Governor of North Carolina to appoint commissioners and a surveyor from North
Carolina to act with the commissioners and surveyors appointed or to be
appointed by any of the states contiguous to North Carolina to resurvey and mark
the boundary lines between these states; and
WHEREAS,
no official record of any such commissioners and surveyors as provided for in
said Act exists; and
WHEREAS,
by an Act of the General Assembly of Georgia, approved October 15, 1887
(Ga. L. 1886-87, p. 105), the General Assembly of Georgia directed the
Governor to communicate with the Governor of Tennessee for the purpose of having
a joint survey and settlement of the disputed boundary question and authorized
the appointment of a committee to meet with an assembly committee representing
the State of Tennessee, whose duty it would be to survey, establish, and
proclaim the true boundary line; and
WHEREAS,
by an Act approved April 8, 1889, the General Assembly of the State of Tennessee
enacted a similar authorization; and
WHEREAS,
by a resolution approved March 6, 1941 (Ga. L. 1941, p. 1850), the General
Assembly directed the Governor of Georgia to communicate with the Governor of
Tennessee for the purpose of having a joint survey and settlement of the
disputed question and further resolved that a standing committee of the House of
Representatives be created to meet with a similar committee of the State of
Tennessee to establish, survey, and proclaim the true boundary line between
Georgia and Tennessee; and
WHEREAS,
by a resolution approved March 27, 1947 (Ga. L. 1947, p. 1728), the General
Assembly appointed a commission to negotiate with the proper authorities of the
State of Tennessee and to agree upon and to fix a definite boundary line, and,
in the failure of the commission to reach a settlement, the General Assembly
authorized and directed the Attorney General of the State of Georgia to
institute suit in the federal courts for purposes of accurately determining the
boundary line between Georgia and Tennessee; and
WHEREAS,
by a resolution approved March 6, 1971 (Ga. L. 1971, p. 2374), the General
Assembly directed the Governor of Georgia to communicate with the Governors of
North Carolina and Tennessee for the purpose of having joint surveys and
settlements of the disputed boundary questions and further resolved that a
Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission be created
to meet with similar commissions of the legislatures of the states of North
Carolina and Tennessee to establish, survey, and proclaim the true boundary
lines between Georgia and North Carolina and between Georgia and Tennessee, and
to take such further or other action or pursue such remedy or remedies as the
joint Commission of the Georgia General Assembly, by a majority vote, deems
proper to establish the definite and true boundary lines between Georgia and
North Carolina and Georgia and Tennessee; and
WHEREAS,
by suggestion of the United States Court of Appeals for the D.C. Circuit, the
Chairman of the Tennessee Public Service Commission and the Chairman of the
Georgia Public Service Commission agreed in 1974 to reserve resolution of the
general boundary issue until a later date (15 FERC, p. 61240), the resolution of
which has never been reached;
and
WHEREAS, notwithstanding these authorizations and directions, the boundary lines have never been accurately resurveyed and marked and remain in doubt; and
WHEREAS, notwithstanding these authorizations and directions, the boundary lines have never been accurately resurveyed and marked and remain in doubt; and
WHEREAS,
it is to the public interest and welfare that accurate and exact lines between
the said states be established and proclaimed.
NOW,
THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor
of Georgia is hereby directed to communicate with the Governors of North
Carolina and Tennessee for the purpose of having joint surveys and settlements
of the disputed boundary questions.
BE
IT FURTHER RESOLVED that there is hereby created the Georgia-North Carolina and
Georgia-Tennessee Boundary Line Commission to meet with similar commissions of
the General Assemblies of the States of North Carolina and Tennessee to
establish, survey, and proclaim the true boundary lines between Georgia and
North Carolina and between Georgia and Tennessee, and to take such further or
other action or pursue such remedy or remedies as the joint commission of the
Georgia General Assembly, by a majority vote, deems proper to establish the
definite and true boundary lines between Georgia and North Carolina and Georgia
and Tennessee. The commission shall be composed of three members of the House
of Representatives, to be appointed by the Speaker of the House of
Representatives, and three members of the Senate, to be appointed by the
President of the Senate. The Speaker of the House and the President of the
Senate shall designate one of their respective appointees as co-chairperson, and
the co-chairpersons shall jointly call the organizational meeting of the
commission.
BE
IT FURTHER RESOLVED that, in order to effectively carry out its duties and
responsibilities, said commission may employ consultants and contract with
persons, firms, or corporations to provide research and other assistance as the
commission deems proper and necessary; provided, however, that the amount of any
funds proposed to be spent for such services shall first be approved, in
writing, by the Speaker of the House of Representatives and President of the
Senate.
BE
IT FURTHER RESOLVED that each member of such commission shall receive the
expenses and allowances provided by law for legislative members of interim
legislative committees for each meeting of the commission or subcommittees
thereof attended by each such member, but shall receive the same for not more
than 15 days, unless additional days are authorized by the Speaker of the House
of Representatives and the President of the Senate. All funds necessary to
carry out the provisions of this resolution shall come from funds appropriated
or otherwise available to the legislative branch of government.
BE
IT FURTHER RESOLVED that the commission shall issue a report of its findings,
work and meetings with similar commissions from North Carolina and Tennessee,
and shall report the resolution of any boundary line questions or
recommendations to the 2009 regular session of the General Assembly of Georgia.
Said commission shall stand abolished as of the day on which the General
Assembly convenes in regular session in 2009.