National Ownership Practice Exam

Question: 1 / 450

Who owns the land under a navigable river?

The federal government

The state

The ownership of land under a navigable river typically resides with the state. This principle stems from the legal doctrine known as "navigability," which establishes that rivers capable of being used for commerce or transportation are considered public waterways. As a result, the state holds title to the submerged lands beneath these navigable waters in order to protect public rights of navigation and ensure access.

The reasoning behind this principle includes the idea that navigable waters are essential for commerce and public interest, hence the state has the authority to regulate and manage these resources. This concept is reflected in public trust doctrine, which states that certain natural resources are preserved for public use and enjoyment.

The federal government, while it has regulatory authority over navigable waters through various laws, does not own the submerged lands; rather, it oversees the use and protection of these waterways. Private landowners typically own land adjacent to rivers but do not have ownership of the land under navigable waters, as it belongs to the state. County governments do not have ownership over navigable waters either, as their jurisdiction is more localized and does not extend to matters of navigability or state-owned submerged lands.

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Private landowners

County governments

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