Certain natural and cultural resources are preserved for public use. Under this doctrine, the government is required to protect and maintain these resources for the public’s reasonable use. In the context of the Route 33 project, the cultural resouce is the original Olmsted-designed Humboldt Parkway. ESPC contends the State of New York violated this principle by taking the parkland to use as a highway without the express permission of the NYS Legislature.
