A Walk in the Park: A Legal Overview of California's State and Federal Parks and the Laws Governing Their Use and Enjoyment

摘要

After years of hiking and camping in many of California's state and federal parks, Pieter O'Leary came to wonder about the formation and history of both park systems in California as well as the development of laws and regulations governing their use and enjoyment, especially after repeated budget crises threatened to close many of the parks. Whenever hikers and campers obtain permits to use parklands, the permits often direct what the hikers or campers can and, more often, cannot do within the boundaries of a park. Whether a permit restricts noise levels, traffic, or the use of firearms, hikers and campers step into both the natural world and the legal world when they enter a state or federal park. This article examines the history of park systems in California and explores issues such as park funding, criminal activity, invasive species, and, among other things, the use of recreational vehicles on parklands. This article also makes several recommendations related to the operation and maintenance of park units in light of the threats posed by California's budget crises and argues that underfunding can create a host of legal problems for both the state and the public.