This Land Is Our Land

1. American's Right to Roam: A Call for Shared Access and Freedom

Every person deserves the option to travel easily in and out of the complex and primal world that gave us birth.

Reconnecting with nature. The book advocates for a fundamental shift in how Americans view land access, arguing that the ability to roam freely across both public and private lands is essential for physical and mental well-being. It challenges the notion that private property should automatically exclude others, proposing a vision where responsible recreation is a right, not a privilege.

Beyond mere recreation. The right to roam is presented as more than just a recreational issue; it's a matter of freedom, self-reliance, and connection to the natural world. The author contends that limiting access to green spaces contributes to a range of societal problems, including physical inactivity, social isolation, and a diminished sense of community.

A bold vision. The book plants a seed for future generations, envisioning a time when Americans can once again freely explore their countrysides, fostering a deeper appreciation for nature and a stronger sense of national identity. It challenges the unquestioned acceptance of absolute and exclusionary private property, urging readers to consider a more inclusive and sustainable approach to land use.

2. The Erosion of Roaming: How America Became Fenced Off

Long gone are the days when Americans could freely wander “through the woods and over the hills and fields, absolutely free from all worldly engagements."

From open spaces to closed borders. The book traces the historical closing of America, detailing how once-accessible lands have gradually become off-limits due to increasing development, privatization, and a growing emphasis on exclusionary property rights. The author uses personal anecdotes and news reports to illustrate the shrinking availability of green spaces and safe walking areas.

Examples of closures:

• The erection of walls around beachfront properties
• The banning of access to traditional swimming holes
• The severing of hiking trails due to landowner restrictions

Consequences of limited access. The lack of safe and peaceful walking places is linked to sedentary lifestyles, health problems, and a decline in civic engagement. The author argues that these closures contribute to a sense of isolation and disconnect from both nature and community.

3. Property: A Cultural Construct, Not an Inherent Right

Property is not a law of physics that is consistent, inevitable, and universal, like gravity.

Challenging the status quo. The book questions the notion of private property as an immutable right, arguing that it is a cultural construct that has varied across time and societies. It explores historical and philosophical perspectives on land ownership, from communal societies to the ideas of Jefferson and Locke.

Alternative perspectives:

• Plato's vision of a state run by wise men with no private land
• Indigenous communities' belief in the unownable nature of the earth
• Mill's assertion that the land belongs to the people of the country

The American experiment. While Jefferson is considered the architect of American private property, the book highlights his belief that property should serve the interests of ordinary citizens and the nation as a whole, suggesting that he might not endorse the extreme inequality in land ownership seen today.

4. Lessons from Europe: Models for Responsible Access

In these countries, citizens can travel, camp, enjoy nature, and feel like free people.

A transatlantic comparison. The book examines the right-to-roam systems in several European countries, including Sweden, Finland, England, and Scotland, highlighting their approaches to balancing public access with private property rights. These examples demonstrate that it is possible to open up land for recreation without infringing on landowners' rights or causing widespread disruption.

Key features of European systems:

• Allemansrätten in Sweden: A centuries-old custom of open access to land
• Countryside and Rights of Way Act (CRoW) in England and Wales: Grants access to specific types of land
• Land Reform (Scotland) Act: Provides universal access to all rural land

The Scottish model. The Scottish system, with its emphasis on "responsible access" and local access forums, is presented as a particularly promising model for the United States, offering a balance between public freedom and landowner protection.

5. Rediscovering America's Roaming Heritage

In 1860s America, walking over people’s land did not mean what it means to us today.

A lost tradition. The book revisits a time in American history when roaming across private land was a common practice, highlighting the experiences of figures like John Muir and the Founding Fathers. It argues that early Americans had a more flexible and communal understanding of property rights.

Historical examples:

• Muir's thousand-mile walk to the Gulf, during which he never mentions trespassing
• The use of private land for hunting, militias, and even the Underground Railroad
• Court cases that favored the rights of roamers over landowners

The shift towards exclusion. The book explores the factors that led to the decline of roaming in America, including the rise of barbed wire, changing economic conditions, and a growing emphasis on exclusionary property rights.

6. Reclaiming Trust and Community Through Shared Spaces

We live in cultural poverty when we put up boundaries.

The social cost of exclusion. The book argues that the closing of America has contributed to a decline in social trust, community engagement, and civic values. It suggests that the right to roam could help rebuild these essential elements of a healthy society.

Benefits of shared spaces:

• Increased interaction between diverse groups of people
• Greater empathy and understanding
• A stronger sense of national unity

Countering isolation. By providing opportunities for people to connect with nature and each other, the right to roam could help combat the social isolation and political polarization that are increasingly prevalent in American society.

7. The Health and Economic Imperatives of Open Access

Walking is man’s best medicine.

Addressing the health crisis. The book highlights the physical and mental health benefits of spending time in nature, citing studies that link green spaces to reduced stress, improved memory, and increased creativity. It argues that the right to roam could help combat sedentary lifestyles and related health problems.

Economic benefits:

• Reduced healthcare costs
• Increased tourism and recreation spending
• Support for local businesses

A sustainable solution. By providing affordable and accessible recreation opportunities, the right to roam could help create a healthier and more prosperous society.

8. Addressing Concerns: Balancing Rights and Responsibilities

The right to roam only conveys one of two halves.

Acknowledging landowner concerns. The book addresses common concerns about the right to roam, such as littering, property damage, and liability, and proposes solutions based on the experiences of European countries. It emphasizes the importance of responsible access and landowner protections.

Key safeguards:

• Strong recreational-use statutes to protect landowners from lawsuits
• Public outreach campaigns to promote responsible behavior
• Local access forums to resolve conflicts
• The right for landowners to temporarily close off land for specific purposes

A balanced approach. The book argues that a well-designed right-to-roam system can balance the interests of landowners and the public, creating a win-win situation for all.

9. Pathways to Roam: Legal and Social Strategies for Change

Let us demand our own works and laws and worship.

Local action. The book suggests that the most effective way to implement the right to roam is to start at the local level, with municipalities incorporating access rights into their zoning regulations. This allows communities to tailor their approach to their specific needs and circumstances.

State-level initiatives:

• Amending state constitutions to guarantee the right to roam
• Passing state laws that authorize local governments to regulate land use
• Strengthening recreational-use statutes to protect landowners

A cultural shift. Ultimately, the success of the right to roam will depend on a shift in cultural attitudes towards private property and a greater appreciation for the value of shared access to nature.

Last updated: March 8, 2025