Fundamentals of Surveying (FS) Practice Exam

Who generally holds the title to the beds of navigable streams within most states?

1. The riparian owner

2. The federal government

3. The state department of environmental protection

4. The public of that state

The correct answer is: The public of that state

In most states, the title to the beds of navigable streams is generally held by the public of that state. This principle is rooted in the common law doctrine of "navigability" which asserts that navigable waters are public resources owned by the state, intended for the use and benefit of the general public. This ownership includes the streambed itself, as it allows for recreational, environmental, and economic activities that can occur in and along these waterways. This concept is significant because it underscores the public's right to access and utilize navigable waters, ensuring that they remain open for navigation and related activities. As such, the management and protection of these waterways often fall under the jurisdiction of state environmental agencies, but the underlying title resides with the public stakeholders rather than private individuals or other entities.