Archaeologist, Homeowner At Odds Over Spear Point

Malibu Times ^ | 3-28-2007 | Melonie Magruder

[BlueMondaySkipper]

Are there any of these clovis tribe people still around? Because if they are, I was wondering if we can sue them for littering since they left all this crap just lying around for people to have to deal with thousands of years later?

Perhaps we can get reperations frok their ancestors...

[longtermmemmory]

How many of these "finds" are just plants by over eager archeologists.

I suspect many of them are frauds who want zero development.

[AuntB]

You are in America now. We speak English here and I said NO, you cannot dig on my property!

I'm with you B4.

That being said, I have a little story. A few days ago I was sent a photograph of a mobile home and a huge pond in Texas that has just been dug. They dug up the graves of my ancestors, a Cherokee community cemetary from the mid 1800's. A few family members tried some years ago to protect the cemetary, but it is now private land. I did not learn about any of this until recently researching a book. It would have been nice if they had allowed someone to move the graves first! No one knows what happened to all the remains.

That being said, it is the current owners property to do as they wish, even though they may be thoughtless SOB's. :

[Ramius]

Stickel said the significance of the find is the American equivalent to that of finding the sealed door to King Tutankhamen's tomb.

Maybe he's overstating his case, just a little.

[Jaysun]

With a Clovis spear point you got on ebay.

That would be a "crazy triangle shaped rock I found somewhere" (to avoid suspicion) ;o)

[Charlespg]

But in America, the rights of the property owner still take precedence over the interests of the state."

Well thank god for that you socialist SOB

[longtermmemmory]

There are certain islands in Greece where the lesson is already learned.

If you find sea turtle nests on your beach front land, the owners know to destroy the nest ASAP before anyone finds it. If a hippie foreigner reports it or some communist (literally) sees it, they will try and have your property declared a public preserve.

[pgyanke]

National Parks are certainly not "unavoidable needs" at all, but we used eminent domain to amass the necessary land.

The origins of a couple National Parks I can think of were donations not eminent domain. If you have any evidence to the contrary, I'd like to see it.

[Cowboy Bob]

Not only does that date the piece to more than 11,000 years ago, the site of its location is the farthest point west in North America that the Clovis tribes can be traced, thus the designation "Farpoint."

Why isn't the term "Farthestpoint?" :0)

[Jaysun]

If you find sea turtle nests on your beach front land, the owners know to destroy the nest ASAP before anyone finds it. If a hippie foreigner reports it or some communist (literally) sees it, they will try and have your property declared a public preserve.

Right. It's the eco-nuts who force such measures. I'm more than willing to save an owl if it doesn't mean destroying my property rights. But I guess the goal of the eco-nuts is to halt progress rather than save the earth anyway. So "F" them.

[LexBaird]

That's not what the Constitution says or Kelo either, of course. National Parks are certainly not "unavoidable needs" at all, but we used eminent domain to amass the necessary land.

National Parks were started by using existing Federally held lands, which remained in Federal possession from Territorial times. Most of the rest were State properties, not private. (Frankly, I don't think national parks or forests are Constitutionally justified; those areas should have reverted to State property upon Statehood). Kelo was an abomination, rooted in the reluctance of the USSC to incorporate that piece of the BoR.

What the Constitution says is "... nor shall private property be taken for public use, without just compensation." And what constitutes public use? "...Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;..." Archaeological digs don't add up to "public use".

Anyway, my point was simple: if you want to invade her property rights, you have to PAY for it.

I'm with you there. One of the (many) things that has peeved me off at Arnold Schwarzenegger was his opposition to a ballot initiative that would have made regulatory "takings" subject to compensation, and tightened the eminent domain laws.

[Radix]

If they want access to the property then they should offer to buy it, or pay a lot of $$$ to keep digging.

This smells like a money issue to me.

[Cold Heart]

And a Lynx Hair Planting Fraud bump back to you.

[longtermmemmory]

smells like a object too conveniently found.

A plant.

Like the fake mountain lion migration data to keep out development.

[Ladysmith]

Well, someone didn't think so.

Warn't me! I agreed with it!

[Grammy]

Mr G was just part of a research project in Mammoth Cave. There are many more private caves near the park that they are pretty sure connect to the main cave. The local landowners won't let them be explored however.... if it is found that they connect to the main cave the park will take over their land.

[TXBubba]

I agree that they should make an offer the homeowner can't refuse if they really want the site. In the meantime, unless the homeowner is mining underground I don't see how living on top of the site is going to do any damage. Unless, they are concerned the homeowner might do some digging on her own and sell items.....

[Zon]

Your two comments were my second and third thoughts. The first thought -- eminent domain vs property rights -- was brief. The next two were more compelling. They certainly make for better story plot.

How many of these "finds" are just plants by over eager archeologists. 23

And a Lynx Hair Planting Fraud bump back to you. 34

[Calvin Locke]

My ex-inlaws have a Summer place. They said some people from the state U wanted to come by and check things out.

I warned them, but they allowed it.

They didn't find anything worthwhile, though. Maybe mosquito bites and wood ticks. And red squirrels.