Also known as: agri publici · public land
Written by attorneys · grounded in primary & secondary sources — see below
Land belonging to the Roman state acquired through conquest and held for public purposes or eventual distribution to citizens.
Select any source to read its text and confirm it supports the definition.
Austin Abbott entered a city-owned vacant lot to reach a public utility easement. He tripped over an obvious but unmarked trench that the city had left open. Because Abbott was entitled to use the public land for access, the city should have anticipated the harm despite the danger's obviousness.
Anita Ali and fellow demonstrators stood on a public roadside easement outside a military funeral. They displayed signs expressing political opposition to government policy. The peaceful conduct on public land prevented tort liability for emotional distress despite the offensive content.
Adrian Aguilar purchased waterfront property subject to a state coastal zoning rule limiting construction. The regulation arose under the public-trust doctrine governing public land. It did not create a servitude enforceable between private parties.
Alexis Archer sought to distribute newspapers from a city sidewalk designated as public land. The city required prior approval and fees for any stand. The scheme granted officials unfettered discretion over protected activity on public property.
Alliance Holdings applied to develop coastal property adjacent to public tidelands. The commission demanded a public access easement as a permit condition. The requirement implicated constitutional limits on exactions tied to use of public land resources.
Artemis Logistics claimed rights to use a federal right-of-way across public land. An administrative agency first determined the extent of those rights. The initial agency decision received deferential judicial review on factual findings.
When an invitee is entitled to use public land, that fact indicates the possessor should anticipate harm from obvious dangers and may face liability even if the danger is known.
Peaceful picketing on public land addressing matters of public concern receives heightened protection, barring tort liability for intentional infliction of emotional distress absent additional unprotected conduct.
Zoning rules, the public-trust doctrine, and related public land doctrines are excluded from the definition of servitudes under the Restatement.
…v. Peck , the Court went further. It struck down an Act of the Georgia Legislature that purported to rescind a sale of public land ab initio and reclaim title for the State, and so deprive subsequent, good-faith purchasers of property conveyed by the original grantees. The Court rested the invalidation on alternative…