Protection of Cultural Heritage Found on Private Land: The Paradigm of the Miami Circle and Regulatory Takings Doctrine after Lucas

Authors

Patty Gerstenblith, DePaul University College of Law

First Page

65

Document Type

Article

Abstract

In Part I, this article will first review the development of protection in the United States for archaeological sites, including particularly Native American burials. In Part II, this article will analyze current Supreme Court and lower court jurisprudence concerning regulatory takings, particularly in the aftermath of the Supreme Court's 1992 decision, Lucas v. South Carolina Coastal Council, in order to determine what would be the permissible extent of regulation and protection of archaeological sites located on private land and the disposition of objects found in such sites and burials. Part III examines the extent to which current state statutes protect archaeological sites and particularly burials on private land. Finally, in Part IV, this article will turn to an examination of public opinion and public policy in proposing the adoption of a model uniform state statute that could be utilized as a blueprint for the protection of archaeological sites on private land.

Recommended Citation

Patty Gerstenblith, Protection of Cultural Heritage Found on Private Land: The Paradigm of the Miami Circle and Regulatory Takings Doctrine after Lucas, 13 St. Thomas L. Rev. 65 (2000).
Available at: https://scholarship.stu.edu/stlr/vol13/iss1/10