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Killington, New Hampshire?


Cotuit

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Article IV, Section 3 of the U.S. Constitution:

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

This doesn't explicitly cover the situation in question, but I bet both Congress and the courts would interpret it to require the consent of both state legislatures to any change in boundaries.

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Actually Congress can't exercise jurisdiction over the States unless it is explicitly granted in the Constitution. Since this situation is not covered by the Constitution, then it gets to be decided by the States in question. It could end up in Federal Ct. however if a dispute came up. (and it most likely would)

Congress could of course amend the Constitution but my guess is they would not want to get anywhere close to this situation.

A related situation exists between with the NC/SC border in the Charlotte area. That is they don't know where it is. This portion of the border is complicated so centuries ago, they built a obelisk as a marker point for surveyers. Almost 100 years ago they created a lake there and the obelisk disappeared into its depths. As a result no one is quite sure where the line exists today. So boaters don't know when SC or NC laws apply to them when out on the lake. ie a SC fishing license is no good in NC and vice versa. They have made repeated attempts to find the oblesk with divers but without success.

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The Rhode Island - Massachusetts border has fluctuated a lot over the centuries, I don't think Congress got involved with all those swaps and swings. But certainly Vermont's legislature would have to approve Killington's move, regardless of voter support within the town. Cities and towns exist at the pleasure of the state, if the state wanted to, it could dissolve Killington and then there would be no town in which to take a vote.

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