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Comparative Perspectives On Property Rights: The Right To Exclude, Jerry L. Anderson
Comparative Perspectives On Property Rights: The Right To Exclude, Jerry L. Anderson
Jerry L. Anderson
A comparative perspective can help students understand that the bundle of rights we call "property" can be allocated in a variety of ways, in order to serve societal interests. This article examines two variations on the right to exclude, which the American Supreme Court has declared to be "essential" to property ownership. Laotian hunting rights allow public access to private lands, clearly violating the right to exclude but providing important public benefits. Likewise, the right to roam in Britain qualifies the right to exclude to allow public hiking on private land. These examples help students realize that property rights represent …
Britain's Right To Roam: Redefining The Landowner's Bundle Of Sticks, Jerry L. Anderson
Britain's Right To Roam: Redefining The Landowner's Bundle Of Sticks, Jerry L. Anderson
Jerry L. Anderson
Britain recently enacted a “right to roam” in the Countryside and Rights of Way Act (CRoW) 2000. At first glance, CRoW appears to be a dramatic curtailment of the landowner’s traditional right to exclude; it opens up all private land classified as “mountain, moor, heath, or down” to the public for hiking and picnicking. Yet, when viewed in the light of history, CRoW may be seen as partially restoring to the commoner rights lost during the enclosure period, when the commons system ended. CRoW also represents a return to a functional rather than spatial form of land ownership, allowing more …
Countryside Access And Environmental Protection: An American View Of Britain's Right To Roam, Jerry L. Anderson
Countryside Access And Environmental Protection: An American View Of Britain's Right To Roam, Jerry L. Anderson
Jerry L. Anderson
In 2000, Britain enacted a broad "right to roam," which opened up millions of acres of private land to public access. Britain’s resurrection of the right to roam should cause other countries, such as the United States, to reconsider the values that support greater public access to the countryside. Given differences in our history, land ownership, and culture, not to mention our legal system, the United States is unlikely to emulate the CRWA. But the idea that the freedom to roam has trumped the right to exclude in Britain may encourage Americans to accommodate the public’s need for access in …