Property Rights
Much of my work as a mediator involves the question of who owns what. Who owns the water in the river? How much can they divert and at what time during the year, even during the day? These are conflicts that can lead to blows and/or end up in court. Who owns the right to a piece of public land and for what purpose? This raises questions of who is the public – ranchers, loggers, hikers, birdwatchers? — and how multiple users can share the resource without clashing.
But there are other kinds of property clashes that are more thorny and for me more intriguing.
Around 1990 I facilitated a meeting that I still remember vividly because of the passion and the honesty on both sides. It’s funny how I can forget glorious moments of technical prowess on one side of the table or a critical legal argument that swung the day. What sticks with me are human encounters like this simple discussion between National Park Service archaeological staff and several Native American tribes. The Park Service wanted to talk openly in a safe environment with tribal representatives about legislation that was working its way through Congress. It was the Native American Graves Protection and Repatriation Act, now known as NAGPRA. Tribes had been lobbying for decades for the right to determine the final disposition of skeletal remains, cultural artifacts and sacred objects of all kinds found on public lands and put in the curatorial hands of federal agencies. These items were taken from their homelands and displayed in museums, visitor centers and universities all around the country. Now it seemed there would be a legal process for their return. The Park Service wanted to better understand how this could be done.