State v. Woods

333 N.W.2d 490, 1983 Iowa App. LEXIS 1552
CourtSupreme Court of Iowa
DecidedJanuary 26, 1983
DocketNo. 2-66153
StatusPublished

This text of 333 N.W.2d 490 (State v. Woods) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Woods, 333 N.W.2d 490, 1983 Iowa App. LEXIS 1552 (iowa 1983).

Opinion

SNELL, Judge.

This appeal by plaintiff State of Iowa arises from an action commenced in 1963 attempting to quiet title to land in the State located in Fremont County, Iowa. The land, known as Walker-Engleman Island or State Line Island, totaling 264 acres, was a portion of a Missouri River island and an adjacent abandoned channel of the river. The Iowa-Missouri border, as extended across the island, formed the property’s southern boundary. The remainder of the island was purportedly in Missouri although Nebraska asserted some claim to it. The land was subject to the Iowa-Nebraska Boundary Compromise of 1943 and the case was stayed pending the outcome of Nebraska v. Iowa, 406 U.S. 117, 92 S.Ct. 1379, 31 L.Ed.2d 733 (1972), decree reported in 409 U.S. 285, 93 S.Ct. 889, 34 L.Ed.2d 522 (1973), a case involving the interpretation of that agreement.

Three groups of defendants claimed different portions of the land in the dispute in counterclaims against the plaintiff. Fred Walker claimed that he and his predecessors adversely possessed the island portion of the [492]*492land between 1930 and 1943. Defendants Lucian and Zola Smith claimed that they adversely possessed forty acres of Walker’s claim on the island portion after 1956. Defendants F. Pace Woods, Olive Black Woods, Mark W. Woods, Marjorie William Woods, Ivan and Sharon Woltemath and State Line Farm Co. claimed half of the abandoned east channel as an accretion to their land on the Iowa high bank.

The plaintiff presented evidence at trial in an attempt to show that the island formed by 1926 within the Iowa portion of the Missouri River. The defendants presented evidence indicating that the island formed by 1923 on the Nebraska side of the river.

Fred Walker testified that his father and grandfather went onto the island as squatters in 1930. Walker and his grandparents resided on the property until they left because of a flood in 1943. They remained off the island until 1955 although Walker claimed that various acts of ownership were done by them between 1943 and 1955. Walker said that his parents built a cabin just north of the Iowa line in 1932, but that they moved off the island in 1936. Evidence was presented concerning the family’s activities on the island after 1936. The family paid Missouri property taxes but not Iowa and Nebraska property taxes. Walker’s first record title to the Iowa portion of the island was recorded in 1962. Walker also presented evidence of a claim to the island by virtue of Nebraska law.

The Smiths presented evidence to support their claim to the western portion of the island. Lucian Smith testified that he went onto the island in 1956 under an agreement with F. Pace Woods to clear the island in return for half the land cleared. In the early 1960’s, Smith and Walker entered into a boundary agreement which was formalized in 1977.

The Woods defendants claimed a portion of the abandoned river channel east of the island as an accretion to their high bank land. There is conflicting evidence concerning whether the land in question formed as an accretion to the high bank land and whether the accretion was above the high water mark.

The trial court quieted title in the defendants to the areas described in their counterclaims. The court concluded that pursuant to Nebraska v. Iowa, the plaintiff was barred from showing the original state boundary prior to the 1943 compromise with respect to lands whose titles were good in the states on that date. The court also determined that even though it was not necessary to determine the prior boundary, the plaintiff failed to establish that the land emerged on the Iowa side.

The court found that Walker had established title to the island — which was good in Nebraska — by the date of the compromise under the theory of adverse possession. The court also concluded that the doctrines of laches, equitable estoppel, and unclean hands should be applied against the plaintiff for permitting the possessors of the Iowa portion of island to have possession and make improvements without bringing a suit. The Smith defendants were decreed to have title to a portion of the property by adverse possession. The court also found that the abandoned river channel had accreted to the island and to the Iowa high bank land, vesting title in the defendants.

Our review of this quiet title action tried in equity to the district court is de novo. Moser v. Thorp Sales Corp., 312 N.W.2d 881, 886 (Iowa 1981). While we are not bound thereby, we give weight to the findings of the trial court. Iowa R.App.P. 14(f)(7).

The ease of Nebraska v. Iowa arose to obtain a construction of the Iowa-Nebraska Boundary Compact of 1943. The Compact was deemed necessary because “the fickle Missouri River ... refused to be bound by the Supreme Court decree of 1892.” In its opinion of 1972 the Supreme Court observed that during the prior thirty-five year period the river had changed its course so often that it proved impossible to apply the court decision in all cases, since it is difficult to determine whether the channel of the river has changed by the law of avulsion or that [493]*493of accretion. The special master found, and the Supreme Court adopted his findings, that by 1943 the shifts of the river channel had been so numerous and intricate both in its natural state and as a result of the Corps of Engineers work, “that it would be practically impossible to locate the original boundary line.” 406 U.S. at 119, 92 S.Ct. at 1381, 31 L.Ed.2d at 736. The original boundary line was established in 1892 as a varying line so far as was affected by changes of diminution and accretion “in the mere washing of the waters of the stream” but not where the river is shifted by avulsion. Obviously by 1943 the “mere washing” had created many problems not easily decided by applying the Supreme Court’s maxim. The Compact, by fixing the boundary as the center line of the proposed stabilized channel as established by the U.S. Engineers Office, resulted in some lands formerly in each State being located within the other state. The Compact also provided that Iowa and Nebraska ceded to each other lands now located within the Compact boundary of the other. Titles good in the ceding state were to be good in the other state.

Plaintiff sought to prove its ownership with voluminous testimony and over 200 exhibits, consisting of aerial photographs, surveys, and maps of the Missouri River, where Walker-Engelman Island evolved. Plaintiff’s claim in the instant case rests, as it did in Nebraska v. Iowa, on the Iowa common law that private titles to riparian lands run only to the ordinary high water mark on navigable streams and that the state owns the beds of all navigable streams within the state. Thus, the State is the owner of any islands that form therein. See Nielsen v. Stratbucker, 325 N.W.2d 391 (Iowa 1982) (summary of Iowa law). Of course, to apply the Iowa law the land must be Iowa land. See Nebraska v. Iowa, 406 U.S. at 126, 92 S.Ct. at 1385, 31 L.Ed.2d at 740. The parties agree that the land is in Iowa now but do not agree that it always was. Defendants claim that the land was “ceded” under the compact. Although defendants did not actually plead the law of Nebraska in the instant case, we deem it established by Nebraska v.

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Related

Nebraska v. Iowa
406 U.S. 117 (Supreme Court, 1972)
Nebraska v. Iowa
409 U.S. 285 (Supreme Court, 1973)
Nielsen v. Stratbucker
325 N.W.2d 391 (Supreme Court of Iowa, 1982)
Moser v. Thorp Sales Corp.
312 N.W.2d 881 (Supreme Court of Iowa, 1981)
Walker v. Bell
47 N.W.2d 504 (Nebraska Supreme Court, 1951)
Pettis v. Lozier
290 N.W.2d 215 (Nebraska Supreme Court, 1980)
State v. Livingston
145 N.W. 91 (Supreme Court of Iowa, 1914)

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Bluebook (online)
333 N.W.2d 490, 1983 Iowa App. LEXIS 1552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-woods-iowa-1983.