25 LC 28 0659
House Resolution 132
By: Representatives Momtahan of the 17
th
, Horner of the 3
rd
, Ridley of the 6
th
, Cameron of
the 1
st
, and Chastain of the 7
th
A RESOLUTION
Creating the Joint Georgia-North Carolina and Georgia-Tennessee Boundary Line
1
Commission; and for other purposes.2
WHEREAS, the northern border of the State of Georgia and the southern border of the States3
of North Carolina and Tennessee lie at the thirty-fifth parallel, north of the southernmost4
bank of the Tennessee River; and5
WHEREAS, a flawed survey conducted in 1818 and never accepted by the State of Georgia6
erroneously marks the thirty-fifth parallel south of its actual location; and7
WHEREAS, over a long period of years, from time to time, the legislatures of these states8
have undertaken to authorize the appointment of committees to meet and to resolve the issues9
associated with the wrongly surveyed and erroneously marked border; and10
WHEREAS, by an Act of the General Assembly of North Carolina, approved in 1881 (N.C.11
Gen. Stat. 141-1 to 6 (1964)), the General Assembly of North Carolina authorized the12
Governor of North Carolina to appoint commissioners and a surveyor from North Carolina13
to act with the commissioners and surveyors appointed or to be appointed by any of the states14
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contiguous to North Carolina to resurvey and mark the boundary lines between these states;
15
and16
WHEREAS, no official record of any such commissioners and surveyors as provided for in17
said Act exists; and18
WHEREAS, by an Act of the General Assembly of Georgia, approved October 15, 188719
(Ga. L. 1886-87, p. 105), the General Assembly of Georgia directed the Governor to20
communicate with the Governor of Tennessee for the purpose of having a joint survey and21
settlement of the disputed boundary question and authorized the appointment of a committee22
to meet with an assembly committee representing the State of Tennessee, whose duty it23
would be to survey, establish, and proclaim the true boundary line; and24
WHEREAS, by an Act approved April 8, 1889, the General Assembly of the State of25
Tennessee enacted a similar authorization; and26
WHEREAS, by a resolution approved March 6, 1941 (Ga. L. 1941, p. 1850), the General27
Assembly directed the Governor of Georgia to communicate with the Governor of Tennessee28
for the purpose of having a joint survey and settlement of the disputed question and further29
resolved that a standing committee of the House of Representatives be created to meet with30
a similar committee of the State of Tennessee to establish, survey, and proclaim the true31
boundary line between Georgia and Tennessee; and32
WHEREAS, by a resolution approved March 27, 1947 (Ga. L. 1947, p. 1728), the General33
Assembly appointed a commission to negotiate with the proper authorities of the State of34
Tennessee and to agree upon and to fix a definite boundary line, and, in the failure of the35
commission to reach a settlement, the General Assembly authorized and directed the36
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Attorney General of the State of Georgia to institute suit in the federal courts for purposes
37
of accurately determining the boundary line between Georgia and Tennessee; and38
WHEREAS, by a resolution approved April 10, 1971 (Ga. L. 1971, p. 791), the General39
Assembly directed the Governor of Georgia to communicate with the Governors of North40
Carolina and Tennessee for the purpose of having joint surveys and settlements of the41
disputed boundary questions and further resolved that a Georgia-North Carolina and42
Georgia-Tennessee Boundary Line Commission be created to meet with similar commissions43
of the legislatures of the States of North Carolina and Tennessee to establish, survey, and44
proclaim the true boundary lines between Georgia and North Carolina and between Georgia45
and Tennessee, and to take such further or other action or pursue such remedy or remedies46
as the joint Commission of the Georgia General Assembly, by a majority vote, deems proper47
to establish the definite and true boundary lines between Georgia and North Carolina and48
Georgia and Tennessee; and49
WHEREAS, by suggestion of the United States Court of Appeals for the D.C. Circuit, the50
Chairman of the Tennessee Public Service Commission and the Chairman of the Georgia51
Public Service Commission agreed in 1974 to reserve resolution of the general boundary52
issue until a later date (15 FERC, p. 61240), the resolution of which has never been reached;53
and54
WHEREAS, notwithstanding these authorizations and directions, the boundary lines have55
never been accurately resurveyed and marked and remain in doubt; and56
WHEREAS, it is in the public interest and welfare that accurate and exact lines between the57
said states be established and proclaimed.58
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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
59
GEORGIA that the Governor of Georgia is hereby directed to communicate with the60
Governors of North Carolina and Tennessee for the purpose of having joint surveys and61
settlements of the disputed boundary questions.62
BE IT FURTHER RESOLVED that:63
(1) Creation of joint commission. There is created the Georgia-North Carolina and64
Georgia-Tennessee Boundary Line Commission.65
(2) Members and officers.66
(A) The commission shall be composed of nine members.67
(B) The Governor shall appoint three citizens of Georgia as members of the68
commission, one of whom the Governor shall designate as chairperson of the69
commission;70
(C) The President of the Senate shall appoint three members of the Senate as members71
of the commission.72
(D) The Speaker of the House of Representatives shall appoint three members of the73
House of Representatives as members of the commission.74
(3) Powers and duties. The commission shall meet and work with Congress and any75
other interested party to establish, survey, and proclaim the true boundary lines between76
Georgia and North Carolina and between Georgia and Tennessee and to take such further77
or other action or pursue such remedy or remedies as the joint commission of the Georgia78
General Assembly, by a majority vote, deems proper to establish the definite and true79
boundary lines between Georgia and North Carolina and Georgia and Tennessee.80
(4) Meetings. The chairperson shall call all meetings of the commission. The81
commission may conduct such meetings at such places and at such times as it may deem82
necessary or convenient to enable it to exercise fully and effectively its powers, perform83
its duties, and accomplish the objectives and purposes of this resolution.84
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(5) Allowances and funding.
85
(A) The legislative members of the commission shall receive the allowances provided86
for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances87
authorized by this resolution shall not be received by any member of the commission88
for more than 15 days unless additional days are authorized. Funds necessary to carry89
out the provisions of this resolution shall come from funds appropriated to the Senate90
and the House of Representatives.91
(B) In order to effectively carry out its duties and responsibilities, such commission92
may employ consultants and contract with persons, firms, or corporations to provide93
research and other assistance as the commission deems proper and necessary; provided,94
however, that the amount of any funds proposed to be spent for such services shall first95
be approved, in writing, by the Speaker of the House of Representatives and President96
of the Senate.97
(6) Report.98
(A) The commission shall issue a report of its findings and work and shall report the99
resolution of any boundary line questions or recommendations. The chairpersons shall100
file a report of the same prior to the date of abolishment specified in this resolution,101
subject to subparagraph (C) of this paragraph.102
(B) In the event the commission adopts a report that does not include suggestions for103
proposed legislation, the cochairpersons shall file the report, subject to104
subparagraph (C) of this paragraph.105
(C) No report shall be filed unless the same has been approved prior to the date of106
abolishment specified in this resolution by majority vote of a quorum of the107
commission. A report so approved shall be signed by the cochairperson of the108
commission and filed with the Secretary of the Senate and the Clerk of the House of109
Representatives.110
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(D) In the absence of an approved report, the chairperson may file with the Secretary
111
of the Senate and the Clerk of the House of Representatives copies of the minutes of the112
meetings of the commission in lieu thereof.113
(7) Abolishment. The commission shall stand abolished on December 1, 2026.114
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