417 



Wlien are such rights legally cut off or alienated ? Which zoning regu- 

 lations so restrict the use of land by its private owners to the point that 

 these laws render the land essentially useless and amount to un- 

 compensated taking of property without due process, which is 

 unconstitutional ? 



These q^uestions indicate complexities in the legal problems. Addi- 

 tional basic legal principles, problems and trends, existing at the State 

 level, discussed in the preceding chapter 2 on coastal States respon- 

 sibilities, programs, and roles. 



Public trust doctrines, the idea that wetlands and tidelands are 

 held by the State for the public trust, generally have been ineffective 

 in preserving estuarial land from sale nor did they prevent public 

 uses from being foreclosed. Historically, tidelands were considered to 

 be worthless property whose "reclamation" was to be encouraged. In 

 California, for example, the State delegated ownership of much of 

 San Francisco Bay to its bordering counties -^ho in turn sold the land 

 to private developers for industrial and other types of developments. 

 In this atmosphere of permissiveness, legislative "giveaways" were 

 encouraged and private owners easily obtained permission to wharf 

 out or construct piers and other structures in the tidelands. 



Lately, however, there has been a shift in public policy and a rec- 

 ognition of the irreplaceable value of such areas. Stricter regulations 

 have been devised to limit use of these areas formerly considered to 

 be worthless. 



While the States generally control the uses of navigable waters, local 

 governments have been delegated the prime responsibility for man- 

 aging the landward areas. There is, nevertheless, great uncertainty 

 as to ownership, and each private title is unique and complicated. 

 Extensive litigation over these lands, some of which have been fraudu- 

 lently acquired, has been long delayed and is urgently needed. Despite 

 the reassertion of public rights and interest in estuaries, no overall 

 State or municipal policy on use and disposal has evolved. As a result, 

 development is frequently unplanned and unregulated, 



PROGRAM DEFICIENCIES AND REVENUE PRESSURES 



A second reason for the difficulty local agencies encounter in at- 

 tempting to evolve rational and comprehensive estuarine management 

 policies is programing deficiencies. Almost all coastal local agencies 

 lack the Staff and funding capabilities to plan, decide, and implement 

 regulations for compatible land and water uses. One survey reported 

 that some local authorities were unaware of their jurisdiction and con- 

 trol powers over the coastal zone and its resources (V-3-9). 



Decisionmaking is also hampered by fragmented jurisdictions. Al- 

 most all local governments are too small to encompass the entire es- 

 tuarine area ; they approach problems on a piecemeal basis rather than 

 by an overall view of the suitability of uses and the total resource 

 value of estuaries. In addition, local governments, including major 

 metropolitan areas, have little impact on upstream water resource 

 projects that can bring about major changes in the quality and amount 

 of fresh water inflow to the estuary. 



Another problem is that of coordination within local governments. 

 As at other levels, local departments often work at cross purposes. 



