Short answer. Yes. Article 438 of the Civil Code allows the State to acquire hidden treasure of scientific or artistic interest at the treasure's just price. That price is then divided between the landowner and the finder according to the same rules that normally govern treasure distribution — the State pays, not confiscates.
What the law says
If the things found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated.
Civil Code, Article 438 — Who Owns Hidden Treasure. Read the full provision →
The ordinary rule on hidden treasure
Article 438 of the Civil Code starts with the baseline rule: hidden treasure belongs to the owner of the land, building, or other property on which it is found. If someone else makes the discovery by chance on another person's land, that finder is entitled to one-half, with the other half going to the property owner. A trespasser who finds treasure gets nothing — the chance exception does not protect someone who was not lawfully on the land. These are the basic allocations that apply whenever treasure is discovered on private or State property.
The State's acquisition power for scientific or artistic items
When the hidden treasure has value beyond the merely financial — when it is of interest to science or the arts — Article 438 gives the State an option to step in. The State may acquire such items, which means it is a discretionary power, not an automatic taking. The State does not confiscate the treasure; it purchases it. The law requires that the State pay the just price of what it acquires. This just price standard protects the landowner and finder from being forced to accept an unfair valuation.
How the just price is divided
Once the State pays the just price for the scientific or artistic treasure, the price is divided between the landowner and the finder in conformity with the rule stated — meaning the same allocation that applies to treasure generally. If the finder made the discovery by chance on someone else's private land, the just price is split equally between finder and landowner. If the discovery was made on State-owned land, the ordinary rules for treasure on State property apply. The State's acquisition simply substitutes cash payment for the items themselves, and the entitlement to that cash follows the same distribution as the treasure would have.
What 'interest to science or the arts' means in practice
The threshold is not whether you think the item is interesting but whether the State — through its competent agencies — treats it as having scientific or artistic value. Archaeological artifacts, pre-colonial objects, historical relics, and rare geological specimens are examples of things that might trigger the State's acquisition interest. If you or someone on your land finds what appears to be an item of this nature, reporting it to the appropriate authorities and not disturbing or removing the site is important both legally and practically. How the item is valued and how the just price is determined are questions where a lawyer can assist if the State seeks to acquire what was found on your property.