The fortuitous archaeological discoveries
Any chance discovery of archaeological objects or remains must be the subject of an immediate declaration in the town hall and the Regional Directorate of Cultural Affairs - Regional Archaeological Service, and all interim conservation measures must be implemented.
Incidental discoveries
The Heritage Code - Book IV - Title 3 states:
Where, as a result of work or any other fact, :
- monuments, ruins, mosaics, ancient channelling elements, remains of ancient dwelling or burial, inscriptions (real estate discovery)
- Objects (furniture discovered)
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 required to make an immediate declaration to the mayor of the municipality, who must transmit it without delay to the prefect - Regional Directorate of Cultural Affairs.
If found objects have been warned by a third party, the third party must make the same declaration.
The owner is responsible for the temporary conservation of monuments, substructions or remains 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 on the continuation of searches, searches that may be carried out by the State services or by individuals authorized by the State.
It may also order the suspension of work for a period of six months.
During this time, the lands where the discoveries were made are considered classified under the legislation on historic monuments and all the effects of the classification are applicable to them.
For discoveries of a real estate character made incidentally, the Minister responsible for Culture decides on the definitive measures to be taken. It may engage for these vestiges an instance of classification among the historical monuments.
Ownership of discovered objects and prerogatives of the State
Archaeological real property
- Property released after the promulgation of a law of 17 January 2001 on preventive archaeology
The provisions of Article 552 of the Civil Code relating to the rights of the owner of the land do not apply.
These archaeological properties belong to the State as soon as they are unearthed following archaeological operations or incidental discovery.
'The State shall pay to the owner of the land in which the property is situated an indemnity to compensate for any damage which may be caused to him in order to access the property. In the absence of amicable agreement on the amount of the indemnity, it is fixed by the judicial judge".
- Property developed 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 such property. To this end, it may open a classification proceeding under Article L. 621-7.
Art. L. 541-3. -When the property is discovered incidentally and gives rise to an exploitation, the person who ensures this exploitation pays the inventor a lump sum indemnity or, failing that, the latter is interested in the result of the exploitation of the property. The lump sum and the profit-sharing are calculated in relation to the archaeological interest of the discovery.
Movable archaeological property
- Assets discovered after the date of entry into force of the Law of 7 July 2016 on freedom of creation, architecture and heritage
These movable archaeological properties are presumed to belong to the State as soon as they are discovered during an archaeological operation and, in the case of accidental discovery, as soon as the scientific interest justifying their conservation is acknowledged.
When declaring the incidental discovery to be made under Article L. 531-14 of this Code, the declaring person shall be informed by the State departments responsible for archaeology, the procedure for the recognition of the scientific interest of the object likely to be initiated.
The object is placed in the custody of the State services until the end of the procedure.
The recognition of the scientific interest of the object is established by an act of the administrative authority, taken on opinion of a commission of scientific experts. The administrative authority shall decide not later than five years after the declaration of the chance discovery. The recognition of the scientific interest of the object carries its public appropriation. This appropriation can be contested for lack of scientific interest of the object before the administrative judge within the regulatory time limit running from the act of recognition.
Whatever the mode of discovery of the object, its public property, when it has been recognized, may at any time be challenged before the judicial judge by the proof of a title of property prior to the discovery.
- Assets discovered before the date of entry into force of the Law of 7 July 2016 on freedom of creation, architecture and heritage
Archaeological properties are entrusted, in the public interest, to the State services responsible for archaeology for the time necessary for their 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, at the end of a period of one year from such notification, the owner and, in the event of accidental discovery, the inventor have not claimed their rights, a new notification shall be sent to them in the same form.
If, at the end of 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 property of the unearthed movable archaeological property shall be transferred free of charge to the State.
Notifications addressed to the owner and the inventor shall specify the period within which he may assert his rights and specify the legal consequences of 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 ordinary law.
The goods that are returned to their owner after their scientific study may be subject to prescriptions intended to ensure their good conservation and access by the services of the State. Abnormal subjections that may result are compensated by compensation. In the absence of an amicable agreement, the action for damages is brought before the judicial judge.
Recognize archaeological property as "Coherent Whole"
Where the archaeological movable property uncovered constitutes a coherent whole whose scientific interest justifies the conservation in its integrity, the administrative authority shall recognize it as such. This recognition is notified to the owner.
Any alienation for consideration or free of charge of a movable archaeological property or of a whole not belonging to the State recognized as scientifically consistent under the first paragraph, and any division by lot or piece of such a whole, is subject to prior notification to the State departments responsible for archaeology (failure to report is subject 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 departments responsible for archaeology.
The State may claim, in the public interest, on its own behalf or on behalf of any public person who so requests, ownership of movable archaeological property, subject to an indemnity fixed amicably or to a jointly appointed expert.
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