Rachel is purchasing a residential property in Iowa that sits along the Des Moines River. Her real estate agent explains that the property boundary extends to the river's edge. During the transaction, a question arises about whether Rachel will own the riverbed beneath the water. Under Iowa law, which statement correctly describes ownership of the riverbed for a navigable river like the Des Moines River?
Correct Answer
C) The state of Iowa holds title to the bed of navigable rivers, so Rachel's ownership extends only to the ordinary high-water mark on her side
Under Iowa law, consistent with the public trust doctrine, the state of Iowa holds title to the beds of navigable waterways. For a navigable river such as the Des Moines River, a private landowner's boundary extends only to the ordinary high-water mark on their side of the river. Rachel does not own any portion of the riverbed beneath a navigable river; that title rests with the state. This is a critical distinction from non-navigable streams, where adjacent landowners may own to the thread (center) of the stream.
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