A 195-year-old border dispute with Tennessee is about to take its most serious turn in decades, with a bipartisan push in the Legislature that we’re told has the blessing of Gov. Nathan Deal.
H.R. 4 is set for a hearing before the House Rules Committee on Monday, the measure's lead sponsor, state Rep. Harry Geisinger, R-Roswell, said this morning.
More: An interactive map explaining the Georgia-Tennessee border dispute.
Geisinger has pitched this resolution before – in 2008, during Sonny Perdue’s term as governor. Deep into metro Atlanta’s fight to retain Lake Lanier as a source of drinking water, Perdue declined the opportunity to start a separate legal battle with Tennessee.
The 2013 measure is different in several ways. First, it has a weighty, bipartisan pedigree. Other signers include Speaker pro tem Jan Jones, R-Milton; Majority Leader Larry O’Neal, R-Bonaire; House Democratic Leader Stacey Abrams of Atlanta; House Majority Whip Edward Lindsey of Atlanta; and House Minority Whip Carolyn Hugley, D-Columbus.
The measure also proposes an out-of-court solution to the dispute. The historic background, as described in the legislation:
WHEREAS, when the State of Georgia ceded the Mississippi Territory to the United States, the northern border of the State of Georgia and the southern border of the State of Tennessee was established at the 35th parallel of north latitude and would have been located on the northernmost bank of the Tennessee River at Nickajack; and
WHEREAS, a flawed survey conducted in 1818 erroneously placed the mark of the 35th parallel approximately one mile south of the actual location of the 35th parallel of north latitude…..
And here’s the proposed solution:
WHEREAS, the State of Georgia proposes to the State of Tennessee that the dispute be resolved by the states agreeing that the current boundary between the two states reflecting the flawed 1818 survey be adopted as the legal boundary between the states except for an area described as follows which shall be made a part of the State of Georgia by which Georgia shall be able to exercise its riparian water rights to the Tennessee River at Nickajack:
Beginning at the present intersection of the boundaries of the states of Alabama, Georgia, and Tennessee based upon the 1818 survey, which shall be the point of beginning, proceed north-northwesterly from such point along a line extended from the Georgia-Alabama border if such border line was extended north-northwesterly in a straight line to the 35th parallel of north latitude; thence east along the 35th parallel of north latitude for a distance of approximately one and one-half miles; thence south-southeasterly along a line parallel to the line running from the point of beginning to the 35th parallel of north latitude first described herein to the intersection with the present boundary between Tennessee and Georgia based on the 1818 survey; thence west along such boundary to the point of beginning….
In short, Georgia would abandon its claim for all territory now held by Tennessee below the 35th parallel – if only Tennessee would allow Georgia a strip of uninhabited land (held by the Tennessee Valley Authority) wide enough to hold a pipeline. That's 66 square miles in exchange for 1.5 square miles.
“It really resolves the future of Georgia – because without water we’re finished. The Chattahoochee [River] is maxed out,” Geisinger said.
The third big difference, the state lawmaker said, is a green light from Deal. “It’s about having a governor with enough chutzpah to take it to court,” Geisinger said.
Geisinger said he’s received word that the state Senate will look kindly on H.R. 4. If both chambers pass it, then the offer will be transmitted to the Tennessee legislature. If that state agrees, the resolution would then proceed to Congress for approval.
If Tennessee lawmakers decline the offer, then Georgia may be bound for the U.S. Supreme Court, which handles such disputes between states. “If they refuse it, that strengthens our court case,” Geisinger said.
***
With U.S. Rep. Paul Broun, R-Athens, now an official candidate for the U.S. Senate, hats are dropping into the 10th District congressional ring with abandon.
Former state senator and Newton County Commissioner John Douglas and tea partyist Brian Slowinski of Columbia County have both announced. We’re hearing that former Augusta mayor Bob Young may be interested.
Former Athens-Clarke mayor Doc Eldridge, who nearly ran for Congress in 2007, is not interested in Broun's seat. But state Sen. Bill Cowsert (R-Athens) is. "I am going to consider that congressional race if Paul Broun does run for higher office," Cowsert said last week, pointing to the dysfunction in Washington. "I'm very, I don't know the word, disturbed or concerned about the job the United States Congress is doing the past five or six years."
And if Cowsert does run, that leaves an opening for everyone's favorite ex-state representative, Doug McKillip, who is longing to return to politics after Athens-area voters kicked him to the curb last year. "It's too early," McKillip said. "I am considering all options, discussing those with my family, and am holding off on making any decisions right now."
***
The AJC's Politifact Georgia today takes a look at the claim by Dan Becker, the Georgia Right to Life leader, that an Alabama court ruling is the first time since Roe v. Wade in 1973 that a judge has granted "personhood status to the preborn."
Previous Posts
About the Author
