Opinion of the Court We first exercised this discretion not to accept original actions in cases within our nonexclusive original jurisdiction, such as actions by States against citizens of other States, see Ohio v. Wyandotte Chemicals Corp., 401 U. S. 493 (1971), and actions between the United States and a State, see United States v. Nevada, 412 U. S. 534 (1973). But we have since carried over its exercise to actions between two States, where our jurisdiction is exclusive. See Arizona v. New Mexico, supra; California v. West Virginia, 454 U. S. 1027 (1981); Texas v. New Mexico, supra. Determining whether a case is "appropriate" for our original jurisdiction involves an examination of two factors. First, we look to "the nature of the interest of the complaining State," Massachusetts v. Missouri, 308 U. S. 1, 18 (1939), focusing on the "seriousness and dignity of the claim," City of Milwaukee, supra, at 93. "The model case for invocation of this Court's original jurisdiction is a dispute between States of such seriousness that it would amount to casus belli if the States were fully sovereign." Texas v. New Mexico, supra, at 571, n. 18. Second, we explore the availability of an alternative forum in which the issue tendered can be resolved. City of Milwaukee, supra, at 93. In Arizona v. New Mexico, for example, we declined to exercise original jurisdiction of an action by Arizona against New Mexico challenging a New Mexico electricity tax because of a pending state-court action by three Arizona utilities challenging the same tax: "[W]e are persuaded that the pending state-court action provides an appropriate forum in which the issues tendered here may be litigated." 425 U. S., at 797 (emphasis in original). But Mississippi's argument for jurisdiction in the District Court here founders on the uncompromising language of 28 U. S. C. § 1251(a), which gives to this Court "original and exclusive jurisdiction of all controversies between two or more States" (emphasis added). Though phrased in terms of a grant of jurisdiction to this Court, the description of our jurisdiction as "exclusive" necessarily denies jurisdiction of Opinion of the Court such cases to any other federal court.1 This follows from the plain meaning of "exclusive," see Webster's New International Dictionary 890 (2d ed. 1942) (“debar from possession"), and has been remarked upon by opinions in our original jurisdiction cases, e. g., California v. Arizona, 440 U. S. 59, 63 (1979) (“[A] district court could not hear [California's] claims against Arizona, because this Court has exclusive jurisdiction over such claims"). Because the District Court lacked jurisdiction over Louisiana's third-party complaint against Mississippi, the judgment of the Court of Appeals is reversed insofar as it purports to grant any relief to Louisiana against Mississippi. The District Court is conceded to have had jurisdiction over the claims of the private plaintiffs against the private defendants, and in deciding questions of private title to riparian property, it may be necessary to decide where the boundary lies between the two States. Adjudicating such a question in a dispute between private parties does not violate § 1251(a), because that section speaks not in terms of claims or issues, but in terms of parties.2 The States, of course, are not bound by any decision as to the boundary between them which was rendered in a lawsuit between private litigants. See Durfee v. Duke, 375 U. S. 106, 115 (1963). Because both the District Court and the Court of Appeals in this case intermixed the questions of title to real property and of the location of the state boundary, we are not in a position to say whether on this record the claims of title may 1 Neither party disputes Congress' authority to make our original jurisdiction exclusive in some cases and concurrent in others. This distinction has existed since the Judiciary Act of 1789, § 13, 1 Stat. 80-81, and has never been questioned by this Court, see Rhode Island v. Massachusetts, 12 Pet. 657, 722 (1838); Ames v. Kansas ex rel. Johnston, 111 U. S. 449, 469 (1884). 2 Mississippi and Louisiana do not question the District Court's jurisdiction over Louisiana's intervention in the title dispute. Louisiana's intervention is also unaffected by §1251(a) because it does not seek relief against Mississippi. Opinion of the Court fairly be decided without additional proceedings in the District Court. We therefore reverse the judgment of the Court of Appeals insofar as it adjudicated the complaint filed by Louisiana against Mississippi, with instructions that it direct the District Court to dismiss the complaint for want of jurisdiction. We remand the balance of the case to the Court of Appeals for the necessary inquiry as to whether further proceedings are required in order to adjudicate the claims of title in this action. It is so ordered. Syllabus REPUBLIC NATIONAL BANK OF MIAMI v. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 91-767. Argued October 5, 1992-Decided December 14, 1992 The Government filed a civil action in the District Court, alleging that a particular residence was subject to forfeiture under 21 U. S. C. §881(a)(6) because its owner had purchased it with narcotics trafficking proceeds. After the United States Marshal seized the property, petitioner Bank, which claimed a lien under a recorded mortgage, agreed to the Government's request for a sale of the property, the proceeds of which were retained by the marshal pending disposition of the case. A trial on the merits resulted in a judgment denying the Bank's claim with prejudice and forfeiting the sale proceeds to the United States. When the Bank filed a timely notice of appeal but failed to post a supersedeas bond or seek to stay the execution of the judgment, the marshal, at the Government's request, transferred the sale proceeds to the United States Treasury. The Court of Appeals then granted the Government's motion to dismiss, holding, inter alia, that the removal of the sale proceeds from the judicial district terminated the District Court's in rem jurisdiction. Held: The judgment is reversed, and the case is remanded. 932 F. 2d 1433, reversed and remanded. JUSTICE BLACKMUN delivered the opinion of the Court with respect to Parts I, II, and IV, concluding that, in an in rem forfeiture action, the Court of Appeals is not divested of jurisdiction by the prevailing party's transfer of the res from the district. The "settled" rule on which the Government relies-that jurisdiction over such a proceeding depends upon continued control of the res-does not exist. Rather, the applicable general principle is that jurisdiction, once vested, is not divested by a discontinuance of possession, although exceptions may exist where, for example, release of the res would render the judgment "useless" because the res could neither be delivered to the complainant nor restored to the claimant. See, e. g., United States v. The Little Charles, 26 F. Cas. 979. The Brig Ann, 9 Cranch 289, 290, distinguished. The fictions of in rem forfeiture were developed primarily to expand the reach of the courts and to furnish remedies for aggrieved parties, not to provide a prevailing party with a means of defeating its adversary's claim for redress. Pp. 84-89, 92-93. Opinion of the Court THE CHIEF JUSTICE delivered the opinion of the Court in part, concluding that a judgment for petitioner in the underlying forfeiture action would not be rendered "useless" by the absence of a specific congressional appropriation authorizing the payment of funds to petitioner. Even if there exist circumstances where funds which have been deposited into the Treasury may be returned absent an appropriation, but cf. Knote v. United States, 95 U. S. 149, 154, it is unnecessary to plow that uncharted ground here. For together, 31 U. S. C. § 1304-the general appropriation for the payment of judgments against the United States— and 28 U.S. C. §2465-requiring the return of seized property upon entry of judgment for claimants in forfeiture proceedings-would authorize the return of funds in this case in the event petitioner were to prevail below. See Office of Personnel Management v. Richmond, 496 U. S. 414, 432. Pp. 93-96. BLACKMUN, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and IV, in which REHNQUIST, C. J., and WHITE, STEVENS, O'CONNOR, SCALIA, KENNEDY, and SOUTER, JJ., joined, and an opinion with respect to Part III, in which STEVENS and O'CONNOR, JJ., joined. REHNQUIST, C. J., delivered the opinion of the Court in part, as to which WHITE, SCALIA, KENNEDY, SOUTER, and THOMAS, JJ., joined, and an opinion concurring in part and concurring in the judgment, in which WHITE, SCALIA, KENNEDY, and SOUTER, JJ., joined, post, p. 93. WHITE, J., filed a concurring opinion, post, p. 96. STEVENS, J., post, p. 99, and THOMAS, J., post, p. 99, filed opinions concurring in part and concurring in the judgment. Stanley A. Beiley argued the cause for petitioner. With him on the briefs were Robert M. Sondak and David S. Garbett. Robert A. Long, Jr., argued the cause for the United States. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Roberts, and Joseph Douglas Wilson. JUSTICE BLACKMUN announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and IV, and an opinion with respect to Part III.* The issue in this case is whether the Court of Appeals may continue to exercise jurisdiction in an in rem civil forfeiture *JUSTICE STEVENS and JUSTICE O'CONNOR join this opinion in its entirety. |