By Glenn Harbison
glenn@thenewsobserver.com
Atlanta – A resolution introduced in the Georgia House of Representatives seeks to renew the often repeated debate over the state’s northern border.
State Rep. Martin Momtahan (R-District 17) took the lead as the first signer in introducing House Resolution 132 (HR 132), which includes Rep. Johnny Chastain (R-Blue Ridge) as one of four co-signers.
The resolution instructs for Georgia’s governor to call on the governors of Tennessee and North Carolina “for the purpose of having joint surveys and settlements of the disputed boundary questions.”
At question is an 1818 survey that sets the 35th parallel as the state line between Georgia, Tennessee and North Carolina.
Legally, Tennessee recognizes its southern boundary as the line set by the survey, while Georgia argues it has never accepted the line, according to a TBA Law Blog article authored by attorneys with Miller & Martin PLLC in Chattanooga, Tenn., in 2008 and published by the Tennessee Bar Association.
That article says, “Everyone knows that the ultimate issue is water.” If Georgia successfully moves its state line north by 1 mile, which has been the commonly disputed distance, it would gain access to Nickajack Lake.
In a televised interview with Channel 3 News of Chattanooga, Momtahan said Georgians living in the area Tennessee claims are entitled to what Georgia offers.
“We got a Major League Baseball team. I want these Georgians that live in that area to have access to that ... We’re the state that hosts the Masters. We’re the No. 1 state to do business,” he said in supporting HR 132. He added that Georgians living in the area claimed by Tennessee are being deprived of a high quality education.
Polk County Third District Commissioner Samantha Trantham took offense to Momtahan’s statement. She provided rankings published by U.S. News & World Report placing Tennessee 18th nationally in pre-kindergarten through 12th grade education and Georgia 25th.
“Momtahan’s comparison of education, not to mention his other references, are childish politics aimed at getting publicity for his cause. People all over America claim the Braves,” Trantham said.
“The people who elected me do not want Georgia’s state income tax or the higher property taxes that will come with the change in property values.”
Veteran Fannin County surveyor Lane Bishop said of moving the state line, “It would start a civil war. It’s not a good idea.”
Looking at a map of what would happen, moving the state line north a mile would move Copperhill, the Copperhill Industries Superfund site, part of Grassy Creek, part of the Big Frog Wilderness area and some of the Airport Road area from Tennessee into Georgia. Part of Wolf Creek in North Carolina would also be affected.
“Existing property monuments have always controlled descriptions of property in both Tennessee and Georgia law,” Bishop said. This has been upheld all the way to the U.S. Supreme Court. Monuments include the three-state; Georgia, North Carolina and Tennessee, monument that is located in the Pleasant Hill area.
Moving the state line “would cause nothing but chaos,” Bishop said.
The Tennessee Law Blog article agreed, “Had this conflict arisen in earlier times or between nations, it is the kind of conflict that “might lead to war.”
The article also specified that the U.S. Supreme Court has original jurisdiction over cases in which a state shall be a party. This is a long established fact.
HR 132 was last favorably reported by the House Interstate Cooperation Committee on Feb. 13.
The last time a Georgia effort was made to move the state line, it was vetoed by the governor.