By Ruthann Knudson
Publication via Knudson, Ruthann
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Similarly, there are conflicts between surface ownership rights and the rights of American Indians in the disposition of Indian human remains and associated funerary items (Price 1991:23-24). , no trespass]) and property freedoms (legal advantage of being able to do what one wants on one's property). Page 16 The Supreme Court has rarely required compensation of freedom takings such as may occur through general zoning, although Executive Order 12630 states that such governmental actions may require compensation (Reagan 1988:347).
Unwin Hyman, London. M. Acheson (editors) 1987 The Culture and Ecology of Communal Resources. University of Arizona Press, Tucson. R. III 1972 Public Archaeology. Seminar Press, New York. H. 1989 Archaeology and the Vanishing American. First Joint Archaeological Congress, Abstracts: 141. Baltimore, Maryland. , III 1991 Disputing the Dead. S. Law on Aboriginal Remains and Grave Goods. University of Missouri Press, Columbia. Reagan, R. 1988 Executive Order 12630--Governmental Actions and Interference With Constitutionally Protected Property Rights.
In the long run there probably is a need for legal codification of the Public Trust concept as it applies to archaeological resources. First, though, archaeologists and other concerned citizens must affirm and articulate the concept of people as public trustees, to enhance informal stewardship. Acceptance of this ethic will in turn develop a constituency for a possibly necessary future political campaign. And, secondarily but before codification, the economic benefits and costs of archaeological management and consumption must be articulated to provide a valid basis for debates over tradeoffs and compensation (Schmid 1989; cf.