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 than one party to have rights in a particular piece of land. The new law highlights some important public values regarding freedom of access that have been all but forgotten in the United States. The law calls into question U.S. Supreme Court precedent that has enshrined the right to exclude as an “essential” stick in the bundle of property rights and serves as a powerful alternative to the Court’s formalistic notion of property rights. Given the differences in its history, culture, and legal system, the
United States is unlikely to follow Britain’s lead in enacting a right to roam; nevertheless, the study of CRoW contains valuable lessons for Americans.
Description:
Jerry L. Anderson is the Richard M. and Anita Calkins Professor of Law, Drake University Law School in Des Moines, Iowa.
Anderson, Jerry L.(American Bar Association, 2006)
[more]
[less]
Abstract:
This article summarizes an empirical survey of Oregon planning commissions, to determine whether Oregon's occupational restrictions on commission appointments are working. An earlier survey found that zoning boards in Iowa were heavily populated with white-collar occupations, with many having a direct or indirect connection to land development work. Oregon's occupational restrictions appear to have reduced the number of appointees who are tied to development, but the commissions are still skewed toward white-collar representation. The article concludes that legal restrictions should be tightened to achieve the goal of broader occupational distribution.
Anderson, Jerry L.(American Bar Association, 2004)
[more]
[less]
Abstract:
This article describes an empirical study of the occupational composition of zoning boards in Iowa. The study finds that both zoning adjustment boards and planning commissions are heavily weighted toward white-collar professionals; labor and agricultural interests are significantly under-represented. Moreover, the study finds that boards are heavily populated with those who stand to gain from property development. The study recommends that legal restrictions on board appointments be tightened to ensure a better cross-section of the community is represented.
Anderson, Jerry L.(American Association of Law Schools, June, 2004)
[more]
[less]
Abstract:
Critical legal theory should be more widely taught as a useful way of analyzing the law. Recent critiques of CLS do not diminish its usefulness as a tool for teaching critical thinking. Many professors, however, find it difficult to convey the essential concept of CLS in a way students can grasp. This article suggests that the popular movie "The Matrix" may provide a method of explaining critical theory to students.