Tag: Public Land

By Greg Walcher | Commentary, GregWalcher.com John B. Finch, a 19th Century prohibition activist, originated the expression, “your right to swing your arm ends just where my nose begins.” Justice Oliver Wendell Holmes often used similar analogies to argue that personal freedoms do not extend to injuring the safety or property of others. Yet he also upheld limitations on property rights when their exercise would harm the community. That legal dichotomy is at the heart of a long-simmering Colorado dispute, whether one has the right to float on streams that cross private property. It is the subject of “Public Resources on Private Property: Why the right to float is complicated and how Colorado addresses it,” a new report from the Common Sense Institute, which I co-authored with one of m...