The owners are pretty much entitled to do with it as they want. If some society wants to dictate its use, it should buy it.
I think our Founding Fathers would have agreed with that.
Critics of the planned development say the Institute, situated on over 500 acres of wooded and open property, has plenty of land to build on without compromising the small tract adjacent to the eastern edge of the battlefield, which is now a state park.
One of the questions I'd have about the disposition of this land is When did the university acquire that particular parcel? If they've owned it for 200 years, which seems likely, then I would have to agree that state or federal government or a private preservation group should step in and buy the land from them, compensating them fairly (which would be horrendously expensive, but worth it). If they acquired the land more recently, then I have less sympathy for their case, because anybody who buys historically important land must be aware that all sorts of roadblocks will be thrown up to prevent development. But still, as precious as this land is, somebody should buy it from the university instead of compelling them to sacrifice it. The fifth amendment does, I believe, compel just compensation in the event of a government taking.