Also known as:government lands · governmental land · governmental lands · public land · public lands · Crown land
Written by attorneys · grounded in primary & secondary sources — see below
Land owned or controlled by a governmental entity. The owner may invite public use of the land or facilities located on it. Regulations governing such land are distinct from private servitudes.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Restatements
How it applies
Common Examples
6
Invitee Uses Public Land
Gloria Green enters a city-owned park to access a public trail. She encounters an obvious hazard near the trail. The city anticipates that invitees will use the public land and therefore owes a duty to address the hazard despite its obviousness.
Picketing On Public Land
Gabriel Gonzalez and others peacefully picket on a public sidewalk near a military funeral with signs expressing political views. The government cannot impose tort liability for intentional infliction of emotional distress based solely on the protected speech occurring on the public land.
Griffin Industries seeks to develop property subject to a county zoning ordinance that restricts building near government-owned wetlands. The zoning rule is a public land-use regulation rather than a servitude that would run with the land under private-law doctrines.
Standing For Public Lands
Grace Gupta leads a nonprofit that challenges a federal permit allowing commercial activity on government land in a national forest. The organization alleges injury to its members' aesthetic and recreational interests in the affected public land.
Regulation Of Coastal Land
Gwen Gallagher purchases oceanfront lots that later become subject to a state coastal council rule barring all construction. The rule prevents any economically beneficial use of the lots that the government previously permitted on the regulated land.
Executive Control Over Land
George Garcia serves as a federal official responsible for managing government land records. The president removes him without cause and appoints a successor. The removal power over officers handling public land administration rests with the executive.
Common questions
Frequently Asked
3
Does the presence of an obvious danger on public land relieve the government of liability to invitees?+
No. The fact that an invitee is entitled to use public land is a factor indicating that the government should anticipate harm from a known or obvious danger and may still owe a duty of care.
Supporting sources
Is speech on public land near a military funeral protected from tort liability?+
Yes. Peaceful picketing on public land expressing views on matters of public concern receives First Amendment protection that bars tort liability for intentional infliction of emotional distress absent additional unprotected conduct.
Supporting sources
Are public land-use regulations treated as servitudes?+
No. Zoning and other public land-use regulations are excluded from the definition of servitudes used in the Restatement of Property.
Supporting sources
494 U.S. 872, 110 S. Ct. 1595, 108 L. Ed. 2d 876 (1990)Constitutional Law
…its health and safety laws to conform to the diversity of religious belief, but should not have to tailor its management of public lands, Lyng, supra , or its administration of welfare programs, Roy, supra . [^maj-3]: Justice O’Connor suggests that “[t]here is nothing talismanic about neutral laws of general…