Of Constitutions and Cultures: The British Right to Roam and American Property Law
In 2000, England enacted the Countryside and Rights of Way Act, which provides the public the right to roam on certain private lands without compensation to the landowners. There are many constitutional and cultural-historical issues pertinent to importing this right to roam into the United States, in particular the current constitutional barrier of the physical invasion rule in Fifth Amendment Takings Clause. However, significant doctrinal weaknesses persist regarding the “fundamental” right to exclude underpinning this rule. A right to roam agenda might be successfully interwoven into the American environmental justice movement to apply some pressure for change.