Texas Surveyors Practice Exam

What happens to the land's old bed when a stream course changes?

1. It becomes state property

2. It remains with the original owner

3. It gets sold at public auction

4. It is treated as unclaimed land

The correct answer is: It becomes state property

When a stream course changes, the old bed of the stream generally becomes state property. This is based on the principle of accretion and avulsion in property law, which pertains to the changes in land due to natural forces. When a stream alters its course, the land that was previously occupied by the old streambed is left behind. Typically, such land does not transfer to the original property owner, as it is considered to revert to the state due to the loss of its original use as a flowing water body. In this instance, the reasoning aligns with the idea that waterways are often under public domain, and alterations to their courses often result in the land being claimed by the state rather than remaining with private individuals. This principle protects the public interests associated with waterways and ensures that natural resources are managed in accordance with state regulations.