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the State, such as zoning, have usually been delegated to the 

 municipalities and local governments. 



Although held by the State in trust for the public, some tidelands 

 have been purchased by private owners. However even when sold, 

 the public has the right of commerce, navigation, and fishing in 

 these areas. These use rights remain until the area is dredged 

 or so changed physically that these rights can no longer be exercised, 



OWNERSHIP PROBLEMS 



In practice, problems of estuarine zone ownership and use rights 

 abound in e'^ery coastal State. Despite the commonly accepted public 

 trust doctrine, States can and have transferred ownership to private 

 individuals by outright grants. Short of purchasing the land, 

 individuals have acquired rights and more limited interests through 

 leases, easements, other licenses, and permits. Questionable surveys 

 and dubious colonial and pre-colonial land grants further complicate 

 the situation. The private interests who acquired ownership or 

 use rights often proceeded to "improve" and "develop" the land 

 through dredging and filling. 



Thus, judicial clarification by each State is needed for such owner- 

 ship questions as — are these titles still valid? Is the sold land 

 still subject to the public trust? Can the State revoke licenses it 

 granted and on what grounds? 



