V-109 



Yet there are limits to these broad State powers. First, the 



supremacy clause of the Constitution may prevent the State from 



acting in an area where the Federal Government through its interstate 



commerce and treaty-making powers has preempted the field. Secondly, 



the establishment of estuarine rule-making bodies may occasionally 



be subject to attack as an improper or invalid delegation of legislative 



authority. 



Third, procedural due-process may invalidate State actions that 

 are taken without notice and/or the opportunity to have hearings 

 before the affected parties. 



Also, the equal protection doctrine requires the government to 



act fairly in treating all alike without arbitrary or discriminatory 



classifications. 



Finally, and most controversial, substantive due-process, not allowing 

 any property to be taken without just compensation, can be interpreted 

 to disallow use restrictions that may deprive or damage property 

 owners. Courts vary in their interpretation of the States' police 

 power and the extent to which they will permit use restrictions 

 without declaring them to amount to a taking of property without 

 due compensation. It is particularly unclear if a State can repeal, 

 modify, or deprive private owners of their future improvement 

 rights. Especially in the case of fill control, there are few 

 yardsticks as to what compensation or fair return must be allowed 



