If a navigable stream cuts a new channel while still flowing in the old one, who owns the formed island?

Prepare for the NCEES Fundamentals of Surveying Exam. Study with flashcards and multiple choice questions, each question comes with hints and explanations. Get ready for your test!

In the case of a navigable stream that develops a new channel while still maintaining flow in the original channel, the ownership of the newly formed island lies with the riparian owner. A riparian owner is someone who owns land that adjoins a watercourse, such as a river or stream. The legal principle involved here is that when a river changes its course due to natural processes like erosion or sediment deposition, any land that is formed as a result—such as an island—typically accrues to the property of the riparian owner adjacent to the old watercourse.

This concept is rooted in the doctrine of accretion, which allows landowners to claim rights to any land that is gradually added to their property by the movement of the water. Since the island formed from the navigable stream's natural alteration, it remains under the jurisdiction of the riparian rights established by ownership laws. This principle reinforces the rights of landowners to benefit from natural changes occurring on their property line involving water bodies, aligning with historical and legal precedents in property law.

The other options, like state ownership, federal government claims, or specific department authorities, do not typically take precedence in the scenario of a natural formation of land due to the alteration of a waterway

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