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Public Law 119-82 Limits Time-Based Art Recovery Defenses

Public Law 119-82 modifies the legal framework governing time-based defenses in art recovery cases. The legislation limits the ability of defendants to invoke certain statutes of limitations or laches defenses when artwork owners seek to recover stolen, looted, or improperly acquired cultural property. This law applies to civil actions involving visual art and cultural artifacts, potentially affecting museums, galleries, auction houses, private collectors, and cultural institutions.

Holocaust Expropriated Art Recovery Act of 2025

Congress has enacted the Holocaust Expropriated Art Recovery Act of 2025 (S.1884, Public Law 119-82), amending the 2016 Act to strengthen recovery rights for Nazi-looted art claims. The new law explicitly precludes time-based defenses including laches, adverse possession, acquisitive prescription, and usucapion, as well as non-merits discretionary defenses such as the act of state doctrine, forum non conveniens, and international comity. It also extends recovery rights to cover artwork lost due to Nazi persecution by covered governments, regardless of victim nationality, notwithstanding the domestic takings rule.