Jump to Navigation
Jump to Content

Of Constitutions and Cultures: The British Right to Roam and American Property Law

October 2014

Citation: 44 ELR 10898

Issue: 10

Author: Jess Kyle

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.

Jess Kyle is a J.D. Candidate, University of Maryland Francis King Carey School of Law, 2015. This Article won Honorable Mention in the 2013-2014 Beveridge & Diamond Constitutional Environmental Law Writing Competition.

Download Article >>>