Stolen Art

(The following passage was written

The legislature of a country recently considered a bill designed to reduce the uncertainty inherent in the ownership of art by specifying certain conditions that must be met before an allegedly stolen work of art can be reclaimed by a plaintiff. The bill places the burden of proof in reclamation litigation entirely bill creates a uniform national statute of limitations for reclamation of stolen cultural property.

Testifying in support of the bill, James D. Burke, a citizen of the country and one of its leading art museum directors, specifically praised the inclusion of a statute of limitations; otherwise, he said, other countries could seek to reclaim valuable art objects, no matter how long they have been held by expressed the fear that widespread reclamation litigation would lead to ruinous legal defense costs for museums.

However, because such reclamation suits have not yet been a problem, there is little basis for Burke’s concern. In fact, the proposed legislation would establish too many unjustifiable barriers to the location and recovery of stolen objects. The main barrier is that the bill considers the announcement of an art transaction in purchaser, perhaps the only one in the chain who knowingly acquired a stolen work of art.

Thus, the need for new legislation to protect holders of art is not obvious. Rather, what is necessary is legislation remedying the difficulties that legitimate owners of works of art, and countries from which in locating and reclaiming these stolen works.