Fundamentals of Surveying (FS) Practice Exam

Who generally owns submerged lands under non-navigable, non-tidal water?

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 riparian owner

The correct answer pertains to property rights concerning submerged lands under non-navigable, non-tidal water. In general, the riparian owner, who is the landowner along the shoreline or bank of a water body, holds rights to the submerged land adjacent to their property, provided that the water body is non-navigable and non-tidal. This ownership typically extends to the land beneath the water up to the center of the water body, depending on specific state laws. Riparian rights can vary by jurisdiction, but the prevailing principle is that the property extends to the ordinary high-water mark, allowing the riparian owner to utilize the submerged land for activities related to their property, such as boating, fishing, or other forms of development. Understanding these ownership rights is essential for landowners and surveyors alike, as they delineate the extent of property boundaries in relation to bodies of water. Other options, while relevant, do not reflect the standard legal principle. The federal government usually governs navigable waters, and the state department of environmental protection may oversee environmental regulations but typically does not own submerged lands in this context. The public's ownership of state lands applies to navigable waters and may not encompass those that are non-navigable and non-tidal