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Department of Natural Resources v. Indiana Coal Council, Inc

542 N.E.2d 1000 (1989)

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Department of Natural Resources v. Indiana Coal Council, Inc

Indiana Supreme Court
542 N.E.2d 1000 (1989)

KL

Facts

Huntington Machinery & Equipment Rental, Inc. (HUMER) (plaintiff) owned a 305-acre parcel of land in Indiana containing approximately 1.537 million tons of mineable coal. An approximately 6.57-acre portion of the land was known as the Beehunter Site, an archaeologically significant area rich in cultural artifacts on which HUMER conducted farming activities. The Wabash Valley Archaeological Society (Wabash) petitioned the Department of Natural Resources (DNR) (collectively, defendants) to have the Beehunter Site declared unsuitable for coal mining due to its cultural significance. HUMER and the Indiana Coal Council (council) (plaintiff) objected, but DNR designated the Beehunter Site unsuitable for surface coal mining. HUMER still retained ownership rights to the land and could use it for farming or other purposes. HUMER and the council sued Wabash and DNR, arguing that the land-use limitation amounted to an unconstitutional taking of property in violation of the Fifth Amendment. The district court ruled for HUMER and the council, and Wabash and DNR appealed.

Rule of Law

Issue

Holding and Reasoning (DeBruler, J.)

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Casebooks

Archaeology
Natural Resources

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