The state can block development that threatens Native
American burial mounds, the Iowa Supreme Court has ruled. The court
rejected an argument that to block such developments would weaken
property rights, reports AP. The dispute began when developers
bought a 59-acre tract in rural Story County, Iowa, to develop a
pricey subdivision. When developers sold a lot for $50,000 and the
buyer began building, however, a burial mound holding human bones
was found dating back at least 1,000 years. The lot was declared
off-limits to development and the builder was refunded the purchase
price. But the developers sued the state, demanding compensation
because the property had become “worthless.” In a 4-1 decision, the
court rejected that argument, pointing to a legitimate state
interest in preserving historical sites. “Land-use regulation does
not effect a “taking” requiring compensation if it substantially
advances a legitimate state purpose,” the court said. State laws
protecting historical sites, it noted, had been on the books for a
dozen years before the developers bought the land.
This article appeared in the print edition of the magazine with the headline ‘Takings’ takes a hit.
Republish our articles for free, online or in print, under a Creative Commons license.
