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Art Law Keyed to Gerstenblith, 4th Ed.
Whitacre v. Indiana
Citation:
619 N.E.2d 605 (1993)Facts
Robert W. Whitacre and his wife are amateur archaeologists who in 1982 discovered a Hopewell Indian site with artifacts dating to approximately 150 A.D. on a 40-acre farm in Dearborn County, Indiana. With the property owner’s permission, they began excavating areas of the site and removing artifacts. In 1987, the Whitacres purchased the farm and continued their excavation and investigation activities. In July 1989, after hearing that new legislation had been enacted, Whitacre inquired of an IDNR archaeologist about whether he needed a permit to conduct investigations on his own property. He was informed that a permit would be required. After conducting his own legal research, Whitacre concluded he did not need a permit and filed a declaratory judgment action to challenge the Act’s applicability to his private property.
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