Protection et mise en valeur du patrimoine culturel immobilier

Abstract

The year 2011 was marked by the achievement of two great reforms. The first one deals with the replacement of ZPPAUP by AVAP, and is embodied in the adoption of the December 19th 2011 executive decree implementing article 28 of the Grenelle II Act of July 12th 2010. The second one deals with the preventive archeology fee which is incorporated into the new development tax and further modified to enlarge the assessment basis and thus increase the tax input (Act of December 28th 2011).The year 2011 was also characterized by the intensification of litigation related to historic monuments and buildings. In that respect, two decisions have drawn particular attention. The first one was rendered by the Constitutional Council which ruled that the inscription of a monument on the list of historic monuments did not violate the right to property. The second one was rendered by the Council of State. The Highest administrative Court partially invalidated the inscription of a monument on the ground that a portion of the listed building failed to provide sufficient artistic or historical interest. Lastly, the Unesco World Heritage Committee has officially called on France to suspend all wind farm plans on the Mont Saint Michel bay. Hopefully, this warning will trigger more governmental awareness and control of the impacts of wind power on the cultural and natural heritage.