In Italy, the beginning of protecting objects of artistic value dates back to very early times, following the tradition of ancient Roman law. An historical overview is then developed, in which the role of the Catholic Church, Papal legislation and humanist popes (15^th century) is summarized as well as the management of art heritage up to the end of the 18^th century. The author then introduces developments in the first half of the 19^th century, notably influenced by the vicissitudes of the Napoleonic period, the inheritance of Papal legislation, and the controversy over individual ownership/State property of cultural heritage. Attention is given to the a absence of a general law in Italy after Unification (1861), problems linked to a definition of national heritage, the political issue of centralization/decentralization in the aftermath of Unification, and the difficulties of establishing and operating a central State structure. For example, the Italian Parliament only passed the first national act related to art heritage in 1902. Further analysis of the events of the twentieth century shows the importance of the Nation's art and historical heritage as being fundamental to the democratic structure. Lastly the conflict between the functions of the State and later “devolution” to federal governments and the limit of public intervention are discussed.