[WSBARP] Looking for attorney familiar with Cultural Resource Properties

[Scott Thomas]

There are a couple of statutes that may apply.  RCW 27.53 (Archaeological Sites and Resources) makes it illegal to knowingly disturb an archaeological site on public or private lands without a state-issued permit.  RCW 27.44 (Indian Graves and Records) makes it illegal to knowingly disturb Native American cairns, petroglyphs, pictographs, and graves on public or private lands without a state-issued permit.  Look also at WAC 25-48 (Archaeological Excavation and Removal Permit), which establishes procedures for application for and issuance of state permits for excavation and/or removal of archaeological sites and resources.  DAHP tends to be very conservative, as you would expect, but may be of assistance in working with whatever tribe is interested.  I acquired limited familiarity with this subject when a client’s backhoe uncovered artifacts, and I urge caution.  Here’s another cautionary tale: http://www.historylink.org/File/7343

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Tuesday, November 07, 2017 1:45 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Looking for attorney familiar with Cultural Resource Properties

 

Kathryn, 

 

Perhaps start with a call the Washington State Department of Archaeology and Historic Preservation and ask for Guy Tasa, 360 586-3534. Super friendly, very helpful, and very knowledgeable. His staff have likely already been involved.  

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
 <mailto:rob at hctc.com> rob at hctc.com

 

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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kathryn R. McKinley
Sent: Tuesday, November 07, 2017 1:23 PM
To: wsbar
Subject: [WSBARP] Looking for attorney familiar with Cultural Resource Properties

 

I’ve been contacted by a potential client who has been told that their recently acquired land is a Cultural Resource Property which has Indian artifacts on it. They have been told that they cannot build on the property. Anyone familiar with this area of law? The clients and property are in Central Washington.

 

Kathryn R. McKinley

Partner


717 W Sprague Ave. Ste 1200
Spokane, WA 99201
509.455.6017
kathryn.mckinley at painehamblen.com <mailto:cindy.bryan at painehamblen.com> 

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