Unveiled an Archaeological Find? Avoid This Common Mistake!

During a Sunday ride or work carried out in your house, you come across vestiges of another time. Super news for you, since you have just made an archaeological discovery, but what about the future? Here is the procedure to follow as well as the obligations incumbent upon you if you transform yourself, for a moment, in Indiana Jones.

It must be declared immediately

There is no time to waste. Indeed, as stipulated by the Regional Directorate of Cultural Affairs (DRAC), “The author of the discovery, as well as the owner of the place where the remains and/or objects have been discovered, are required to make the immediate declaration to the mayor of the town”. The latter will then transmit, without delay, said declaration to the regional prefect.

To do this, simply fill out the form on this link and send it by mail to the town hall. The latter can be accompanied by photographs as well as an explanation of the context of the discovery.

The immediate nature of the declaration lies in particular in the fact that the vestiges uncovered could undergo degradations following their discovery because if they were “protected” before, once in the open air, they are more exposed.

What's going on if you don't declare your find?

You would fall under the law. Indeed, with regard to article L544-3 of the Heritage Code, “The fact, for anyone, of violating the declaration of declaration provided for in article L531-14 or making a false declaration is punishable by a fine of 3,750 euros. “

The game may not be worth the candle.

Are you then the owner of the archaeological discovery?

A painting, a cave, a monument or even gold coins … Archaeological vestiges can take several forms. But if you are the discoverer, are you the owner?

Again, there is a regulation. First, to be able to claim the property of an archaeological vestige, it must be discovered in a fortuitous way. This is the base. In other words, if you have made a discovery using a metal detector for example, you will not be able to claim the property of your discovery.

This is dictated by article 716 of the Civil Code which determines what constitutes a treasure and the possibility or not to claim the property. So, if you have fortuitously discovered a treasure “buried” Or “hidden”And that there is an impossibility of seeing someone claim the property, then the discoverer and the owner of the land on which the discovery was made are shared the property.

BUT.

Since we must declare the discovery to the State, the latter may have his say on this subject. It is in particular he who will decide whether excavations must be organized in the field and if the object or the monument in question is an artistic, scientific or archaeological interest.

After declaration of the archaeological discovery, the State can completely claim the property of the movable or real estate archaeological discovery, even with regard to article 716 of the Civil Code. However, if such a case must arrive, the State is obliged to compensate the discovered as well as the owner of the field after an expert assessment or as a result of an amicable decision.

In short, whatever happens, if you make an archaeological discovery, you are necessarily a winner, if it is the result of chance. So, be careful during your next outings, we don't know what you could fall on.

Source: Drac Auvergne-Rhône-Alpes