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Preservation of archaeological monuments

The Hessian Monument Protection Act regulates the handling of ground monuments in §§ 19-24. Sections 16 and 18 are particularly important for practical work, as they formulate conditions for the planned alteration or destruction of cultural monuments, which are initially generally prohibited.

An investigation of the monument requires certain skills and can therefore only be carried out by persons who are qualified in the field of monuments (not only technically!). This means the professional excavation and documentation of the ground monument, which apart from the finds is the only remaining evidence of the destroyed monument. The finds themselves are small movable monuments, but only acquire their historical significance in the context of their findings.

In the latest commentary on Hessian monument law, the time limit beyond which the find was no longer a ground monument within the meaning of the law has been dropped. It is now generally accepted that archaeological research extends right up to the present day, meaning that archaeological monuments from more recent times are also protected by the Monument Protection Act, provided that they relate to a completed historical period (Nazi era, GDR; archaeology of modern times, battlefield archaeology).

To protect the monuments, the monument authorities and the lower monument protection authorities in the districts and independent cities work together in agreement.

The amendment to Section 24 on 11.06.2011, which introduced the so-called Small Treasure Register for the first time, was significant. This means that finds become the property of the state as soon as they are discovered. The right of ownership expires if the Supreme Monument Protection Authority (HMWK) does not claim it within three months.

Literature

Viebrock, Jan Nikolaus: Hessisches Denkmalschutzrecht. Municipal publications for Hesse. Hessischer Städte- und Gemeindebund (ed.), 3rd ed. Stuttgart 2007.

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Explanations and notes