The archaeological loads on private real estate

lack of a systematic regime for the imposition of obligations and its compensation

Abstract

The administrative function of protecting the archaeological heritage often carries heavy loads and a significant financial loss for property owners. Such loads are manifested in specific obligations of doing and bearing, which vary according to the nature of the property concerned and of the concurrent assumptions. Thus, the execution of constructions on lands that have a declared cultural value, the verification or presumption of archaeological remains or its casual finding determine in a different measure, the imposition of those archaeological obligations. In the absence of systematic regulation on this subject in the state and regional legislation about cultural heritage, this article analyzes all these archaeological loads and examines the various compensable concepts and the mechanisms foreseen to compensate for the damage suffered.