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by Siddarth1977 1303 days ago
"Freedom to roam" laws are an archaic notion that only sort of work in very specific locations like the Nordic countries.

Even with a large staff of park rangers and a budget for trail maintenance, trash bins, toilet facilities and informational signs about "leave no trace" ethics, it's still hard to minimize the damage tourists do in parks. And even within parks, we don't let people freely roam, we ask them to stay to trails to prevent erosion and we shut down areas seasonally to protect critical nesting, feeding or migration paths. To ask private citizens to deal with such damage to their property is unfair and unreasonable.

Further, the average city dweller has no ability to assess what land is safe for them to hike on in America. Again, for parks we have dedicated staff to put up signs and set clear rules about closures and access, but agricultural lands are far more complex. What looks like "unused" land may be grazing for cattle, flowers for bees or habit for wildlife (whether for conservation or hunting). It may have been recently sprayed with chemicals which are harmful if humans come into contact with them or it may have recently been planted and footsteps will trample early crops.

"Freedom to roam" is like suggesting that the solution to homelessness is to just let homeless people choose to sleep on anyone's couch who wasn't using it. The millions of acres of managed public lands in the US, which can have appropriate usage policies depending on environmental impact, historical significance, number of visitors, etc and which can be properly managed for the long-term balance of many diverse stakeholders needs is a far better system.

3 comments

I think you’re missing the point. The right to roam is about the public having access to public land. Public land is paid for and supported by taxpayers, and is therefore theirs to enjoy.

Surrounding public land by privately held land, with no rights for the public to freely access it is just not right. It essentially becomes the domain of the land owner that controls access, which then becomes a form of market intervention by the government.

This is often a direct subsidisation of a private enterprise and should be opposed by the left because it denies equality and freedom of movement to the people that own the land. It should be opposed by the right as government intervention and interference. It only benefits the individual landowner.

Of course, this issue is magnified by the colonial concept of land ownership and ignores any preceding title or use of the land. This also prevents traditional owners from accessing sites of significance.

This is not a Nordic idea. Ideas similar the right to roam built many of the economies of new world countries. Cowboys and cattle drives in the US, Drovers in Australia relied on the free movement of men and stock over public and private land.

Finally, the land belongs to the people. Laws exist in many jurisdictions for governments to reclaim any land for any reason. Private ownership should be considered long term, but temporary. Denying access to something that the people own is undemocratic, unfair, and unnecessary. Access and maintenance shouldn’t be reduced to the cost of stewardship.

It looks like there's a disconnect here on what we're talking about for "freedom to roam". If you read through the Wikipedia article linked in the comment I was responding to, you'll see that it's about private property, not public parks.

The issue of land being inaccessible by virtue of being surrounded by private land without roads is solved by the unrelated, separate legal notion of an "easement" to allow access. Easements are used regardless of if the landlocked plot of land is publicly or privately owned.

I agree with you in the general notion of "It's bad that this public land is inaccessible and that should be fixed". But just clarifying on the terms.

> "Freedom to roam" laws are an archaic notion that only sort of work in very specific locations like the Nordic countries.

What is special about Nordic countries making it only (sort of) work there? All the issues you mentioned are issues faced in Nordic countries as well.

Well, if your average tourist does that yeah