Land Artist Receives Nearly $1 Million in Settlement with Iowa Museum
### The Legal and Artistic Battle Over Mary Miss’s “Greenwood Pond: Double Site”
In an era where environmental art intersects with pressing ecological and societal values, the story of Mary Miss’s *Greenwood Pond: Double Site* raises critical questions about the relationships between artists, institutions, and the communities they serve. After months of legal disputes and advocacy, the Des Moines Art Center (DMAC) and Mary Miss have reached a settlement concerning the impending demolition of her iconic environmental artwork, bordered by Greenwood Park in Iowa. The resolution simultaneously marks the end of a contentious chapter and a moment of reflection about the cultural stewardship of land art.
#### The Artwork: A Vision Rooted in Ecology and Interaction
Commissioned by DMAC in 1989 as part of its permanent collection, Mary Miss’s *Greenwood Pond: Double Site* took nearly seven years to complete, finally debuting in 1996. The site-specific environmental sculpture was designed to guide visitors through the wetlands bordering the pond using an intricate interplay of wood, concrete, and other materials. By combining natural and man-made elements, the work aimed to immerse viewers in various ecological levels of the pond, cultivating a deeper appreciation of environmental systems.
The site became an invaluable contribution to the burgeoning land art movement of the 20th century and proved pivotal to Miss’s career as an artist exploring sustainability and the planet’s fragile ecosystems. Visitors could sit at eye level with the water’s surface, bridging the tangible and contemplative experiences of nature.
#### The Decline: Erosion and Disrepair
Despite the reverence surrounding *Greenwood Pond*, its exposure to Iowa’s harsh climate caused substantial decay over the decades. Built primarily with wood and concrete, the piece struggled against time and the elements. In 2014, the Cultural Landscape Foundation (TCLF) added it to their list of vulnerable environmental artworks to raise awareness of its deteriorating condition.
In response, DMAC and the City of Des Moines committed $1.4 million for its restoration in 2015. However, even this extensive effort proved only a temporary solution, as the sculpture began to deteriorate once again. By late 2023, DMAC announced that public access to the artwork was suspended indefinitely while structural reviews were conducted. The financial stakes also compounded the problem; estimates for further repairs soared to $2.65 million, which DMAC deemed prohibitive.
#### The Legal Battle: Artistic Integrity vs. Institutional Challenges
Tensions escalated when DMAC decided in December 2023 to deaccession and ultimately demolish *Greenwood Pond: Double Site*. Mary Miss, who was abroad at the time, expressed outrage and stated that the sculpture was a “key work” of her career. Citing the 1990 Visual Artists Rights Act (VARA), Miss sought to prevent the demolition, asserting that the planned destruction would breach her moral rights and destroy a work of “recognized stature.”
VARA, a cornerstone law for artistic protection, grants artists rights over the integrity of their work, even after sale or transfer. These rights prohibit the intentional distortion, mutilation, or destruction of works deemed culturally significant. Miss argued that DMAC not only violated VARA but also failed to involve her in decisions affecting the artwork’s fate, despite the provisions in her original artist agreement.
#### Public Advocacy: Rallying Voices for Preservation
The case gained traction within the arts and environmental communities. Over 50 artists, administrators, and advocates publicly voiced their support for preserving *Greenwood Pond* through letters and testimonies. TCLF played a leading role in raising awareness, emphasizing the importance of safeguarding environmental art at a time when ecological conservation has gained unprecedented urgency.
Ultimately, in April 2024, a judge granted Miss a temporary restraining order, halting the demolition mere days before its scheduled start date. The court acknowledged DMAC’s failure to secure written consent from Miss to modify or destroy the artwork, an obligation stipulated in the VARA framework and the original artist agreement.
#### The Settlement and Aftermath
After nine months of legal wrangling, a settlement was finally reached between Mary Miss and DMAC in December 2024. According to the agreement, DMAC is authorized to proceed with the demolition of *Greenwood Pond: Double Site*, while compensating Miss $900,000 in exchange for the release and dismissal of all claims. The dismantling of the piece is expected to begin shortly, signaling a bittersweet conclusion to the conflict.
In a press statement, Miss expressed gratitude toward the supporters and institutions that rallied for her work and the values it represents. She emphasized the need for stronger bonds between artists, communities, and cultural institutions tasked with preserving such pieces. “I hope the resurrection and reconsideration of this project will lead to further reflections on the relationships between artists, environmental issues, communities, and our public cultural institutions,” Miss stated.
#### Broader Implications for Land Art
Miss’s case highlights the precarious