The expansion of commuter rail and intercity high-speed rail along the shore of the Hudson River has limited, and will continue to limit and formalize public access to the river. The public trust and other legal doctrines that protect public access to the river call into question the legality and policy of such limitations on access. This article reviews New York's plans that adversely affect access, the justifications for limitations on access, and the countervailing legal doctrines in favor of enhanced public access to the river. This article concludes that railroad operations are legally subordinate to public access and recommends measures to ensure that the priority of public access is not compromised.
Recommended CitationMatthew R. Atkinson, On the Wrong Side of the Railroad Tracks: Public Access to the Hudson River, 13 Pace Envtl. L. Rev. 747 (1996)
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