Countryside Access and Environmental Protection: An American View of Britain's Right to Roam

Jerry L. Anderson, Drake Law School

Abstract

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 ways that comport with our system. This article also explores the possible environmental consequences of increased public use of natural areas.