Law regarding monument protection (Grand Duchy of Hesse)
The law concerning monument protection of July 16, 1902 was a law in the Grand Duchy of Hesse . It was the first codified monument protection law in Germany. It remained in force in the People's State of Hesse and in the State of Hesse until the Hessian Monument Protection Act was passed in 1974.
prehistory
In the Grand Duchy of Hesse - as in the other German states - there were individual regulations for the protection of monuments. However, these were not regulated in a separate law, but in other laws and ordinances from municipal, church and foundation supervision law. In France, with the law of March 30, 1887, the parliament first passed a special monument protection law. This had a role model role in the discussion about a Hessian monument protection law.
On 27./28. In September 1899, the general assembly of the general association of German history and antiquity associations , in which the 124 most important antiquity associations in Germany were united, passed a resolution in Strasbourg in which monument protection laws were demanded and their central contents described.
The Hessian government took up this demand and commissioned Ministerialrat Maximilian Freiherr von Biegeleben (1859-1945) with the draft of a monument protection law. On the first day for monument preservation on 24./25. In September 1900 von Biegeleben presented his concept to the entire association of German history and antiquity associations and received a great deal of approval.
Legislative process
Von Biegelleben's draft bill was revised by a commission in which various ministries were represented and submitted to the two chambers of the state estates of the Grand Duchy of Hesse . The Second Chamber adopted the draft on June 26, 1902 with minor changes. In the First Chamber, in particular, the restriction of private property through the protection of historical monuments was discussed and appropriate reductions were planned. On April 29, 1902, the draft law was also adopted by the First Chamber and passed on July 16, 1902 by Grand Duke Ernst Ludwig . The art-loving Grand Duke had promoted the proposed law from the start.
After the publication in the Grand Ducal Hessian Government Gazette No. 41 of July 18, 1902, page 275 f., The law came into force on October 1, 1902.
structure
The law was divided into seven sections, which in turn were divided into 39 articles:
- Monuments owned by legal entities under public law (Articles 1–8)
- Architectural monuments owned by private individuals (Articles 9–17)
- Special provisions for individual cases (Articles 18–24)
- Excavations and finds (Articles 25–30)
- Organization of monument protection (Art. 31–32)
- Natural monuments (Art. 33–36)
- Final provisions (Art. 37-39)
Other legislative acts
After the enactment of the law on monument protection of July 16, 1902 , the administration made further, sub-statutory provisions that explained the provisions of the law and should make them easier to use in practice:
- Execution of the Monument Protection Act; here the excavations and finds from April 2, 1903,
- Service instructions for the district deputy of the preservationist for antiquities and movable objects dated November 23, 1903,
- Announcement about the obligation to notify and the official orders for excavations and finds of October 20, 1920 and
- Service instructions for the shop stewards for the preservation of monuments of November 12, 1935.
swell
- Text of the law : Law relating to monument protection of July 16, 1902 . In: State Office for Monument Preservation Hesse: 100 Years of the Monument Protection Act in Hesse . Stuttgart 2003, p. 63ff.
literature
- Eckhart G. Franz : “Have awe of the old and have the courage to dare to try something new!” The preservation of monuments in the cultural-political concept of Grand Duke Ernst Ludwig. In: State Office for Monument Preservation Hesse : 100 Years of the Monument Protection Act in Hesse. Stuttgart 2003, p. 23ff.
- Hans Hingst: Monument protection and preservation in Germany = Badische Fundberichte special issue 7. Freiburg 1964.
- Ernst Rainer Hönes: 100 Years of the Monument Protection Act in Hesse (PDF; 141 kB).
- Ernst Rainer Hönes: On the Hessian Monument Protection Act of July 16, 1902 . In: State Office for Monument Preservation Hesse: 100 Years of the Monument Protection Act in Hesse . Stuttgart 2003, p. 48ff.
- Winfried Speitkamp: Origin and significance of the Monument Protection Act for the Grand Duchy of Hesse 1902 . In: State Office for Monument Preservation Hesse: 100 Years of the Monument Protection Act in Hesse . Stuttgart 2003, p. 13ff.
- Jan Nikolaus Viebrock: Hessian monument protection law . (= Municipal writings for Hesse ). 3. Edition. W. Kohlhammer Verlag, Stuttgart 2007. ISBN 978-3-555-40310-6 , p. 9.
Remarks
- ↑ For example, the Prussian-Hessian Railway Community regulated the handling of finds in two notices to their employees through the Royal Prussian and Grand Ducal Hessian Railway Directorate , Mainz: “Betr. Finds of historical value in the execution of buildings. If objects of general historical, natural historical or art historical value are found in buildings, they must be treated with care, carefully stored and we must immediately dispose of them, stating the location and describing the details of the find, as well as describing the objects as precisely as possible to report the found objects. […] To the operational inspections and construction departments. ”(Railway Directorate Mainz (ed.): Collection of the official gazettes published on January 7, 1899. Volume 3, No. 1. Announcement No. 5, p. 11) and“ The Grand Ducal Hessian Museum management has agreed to grant a reward for the finds to be transferred from Hessian territory, which they consider suitable for acquisition for the Grand Ducal Museum. The name of the finder must therefore also be indicated in the reports to be submitted to us. […] To the operational inspections and construction departments ”(Eisenbahndirektion Mainz (ed.): Collection of the official gazettes published on December 23, 1899. Volume 3, No. 55. Announcement No. 521, p. 392).