Lewis & Clark Law Review
First Page
253
Abstract
As public Confederate monuments finally begin to come down across the na- tion, we are seeing an emergence of Confederate monuments on private lands. The number of private Confederate monuments is increasing both with the construction of new monuments and, more significantly, the relocation of monuments from public land. This Article explains why private Confederate monuments are likely to be the next battleground over these controversial and troubling statues. Through ten detailed examples, we show how private Con- federate monuments emerge and how communities are responding to them. The challenges related to monuments on private land are different than those on public lands, and previous activism and research on Confederate monu- ments is only of limited use in grappling with this category. As relocated mon- uments are the largest source of new private monuments, this Article serves as a cautionary note to communities looking to dispose of their monuments by donating or returning these resources to private groups and encourages com- munities to fully evaluate the impacts of their removal and relocation plans to ensure they do not lead to unintended consequences or create issues for another community.
Recommended Citation
Jessica Owley, Jess Phelps & Sean W. Hughes,
Private Confederate Monuments,
25
Lewis & Clark L. Rev.
253
(2021).
Available at:
https://lawcommons.lclark.edu/lclr/vol25/iss1/7
Included in
Land Use Law Commons, Property Law and Real Estate Commons, State and Local Government Law Commons