Incidental archaeological discoveries

Chance discoveries

The Heritage Code - Book IV - Title 3 states:

When, as a result of any work or fact is discovered:

- monuments, ruins, mosaics, ancient channelling elements, remains of old dwellings or burials, inscriptions (real estate discovery)
- objects (movable discovery)
and that these discoveries may interest prehistory, history, art, archaeology or numismatics, the inventor of these remains or objects (the author of the discovery) and the owner of the place where they were discovered are obliged to make the immediate declaration to the mayor of the municipality, who must immediately transmit it to the prefect - Regional Directorate of Cultural Affairs.

If lost and found items have been placed in a third party’s home, the third party must make the same declaration.

The owner is responsible for the provisional conservation of monuments, substructures or vestiges of real estate character discovered on his land.
The depositary of the objects assumes the same responsibility for them.

The administrative authority may show the places where the discoveries were made and the premises where the objects were deposited and prescribe all measures necessary for their conservation.

The State may also decide to continue the search, as searches may be carried out by State services or by individuals authorized by the State.
It may also order a six-month suspension.
During this time, the land where the discoveries were made is considered to be classified under the legislation on historical monuments and all the effects of the classification apply to them.
For incidental discoveries of a real estate character, the Minister responsible for Culture decides on the final measures to be taken. It can hire for these vestiges an instance of classification among the historical monuments.

Ownership of discovered objects and state prerogatives

Archaeological real estate

- Property put to the days after the promulgation of the law of 17 January 2001 on preventive archaeology

The provisions of Article 552 of the Civil Code relating to the rights of the landowner are not applicable.
These real archaeological properties belong to the State as soon as they are discovered as a result of archaeological operations or incidental discovery.
"The State shall pay compensation to the owner of the land in which the property is situated in order to compensate for the damage that may be caused to him in order to access the property. In the absence of an amicable agreement on the amount of the compensation, it shall be fixed by the judicial judge".

- Property discovered before the promulgation of the law of 17 January 2001 on preventive archaeology

The administrative authority shall decide on the definitive measures to be taken in respect of these goods. It may, for that purpose, open a filing proceeding for those assets under section L. 621-7.

 Art. L. 541-3. -When the property is discovered incidentally and gives rise to exploitation, the person who insures this exploitation pays the inventor a lump sum compensation or, failing that, interests the latter in the result of exploitation of the property. The flat-rate compensation and profit-sharing are calculated in relation to the archaeological interest of the discovery.

Movable archaeological property

- Assets brought to light after the date of entry into force of the law of 7 July 2016 on freedom of creation, architecture and heritage

These movable archaeological objects are presumed to belong to the State as soon as they are discovered during an archaeological operation and, in the event of incidental discovery, from the recognition of the scientific interest justifying their conservation.
At the time of the declaration of the incidental discovery to be made pursuant to article L. 531-14 of this Code, the reporting person shall be informed by the State services responsible for archaeology, the procedure for the recognition of the scientific interest of the object likely to be engaged.
The object is placed in the custody of the State services until the outcome of the procedure.
Recognition of the scientific interest of the object shall be established by an act of the administrative authority, taken on the advice of a committee of scientific experts. The administrative authority shall give its decision no later than five years after the declaration of the accidental discovery. The recognition of the scientific interest of the object implies its public appropriation. This appropriation may be challenged for lack of scientific interest of the object before the administrative judge within the statutory time limits running from the act of recognition.
Whatever the mode of discovery of the object, its public property, when it has been recognized, may be challenged at any time before the judicial judge by proof of a title to the property prior to the discovery.

- Assets brought to light before the date of entry into force of the law of 7 July 2016 on the freedom of creation, architecture and heritage

Archaeological property is entrusted, in the public interest, to the services of the State responsible for archaeology for the time necessary for its scientific study, the term of which may not exceed five years.
The State shall notify their rights to the owner of the land and, in the event of accidental discovery, to the inventor. If, after a period of one year from that notification, the owner and, in the event of accidental discovery, the inventor have not asserted their rights, a new notification shall be sent to them in the same form.
If, after a period of one year from this new notification, the owner and, in the event of accidental discovery, the inventor have not asserted their rights, the ownership of the movable archaeological property uncovered shall be transferred free of charge to the State.
Notifications to the owner and inventor shall include a statement of the period within which the owner can assert his rights and the legal consequences attached to his failure to act within that period.
Where only one of the two has asserted its rights, movable archaeological property shall be shared between the State and the latter, in accordance with the rules of common law.
Goods which are returned to their owner after their scientific study may be the subject of prescriptions intended to ensure their proper conservation and access by the State services. The abnormal subjects that may result are compensated by compensation. In the absence of an amicable agreement, the action for damages shall be brought before the judicial judge.

Recognize archaeological property as "Coherent Set"

Where the movable archaeological property uncovered constitutes a coherent whole whose scientific interest justifies the preservation of its integrity, the administrative authority shall recognise it as such. This recognition is notified to the owner.
Any disposal for consideration or free of charge of a movable archaeological property or of a group not belonging to the State recognized as scientifically consistent under the first subparagraph, and any division by lot or piece of such a group, is subject to prior declaration to the State services responsible for archaeology (failure to report is liable to a fine).
 

Transfer and right of claim

The State may transfer free of charge the ownership of movable archaeological property belonging to it to any public person who undertakes to ensure its conservation and accessibility under the scientific and technical control of the services responsible for archaeology.
The State may claim, in the public interest, for its own account or on behalf of any public person who so requests, ownership of movable archaeological property, subject to a compensation fixed amicably or by a jointly appointed expert.