Sec. 5. Statute of limitations
327 words·~1 min read·
/bill/114/s/2763/rs/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of Federal law, any provision of State law, or any defense at law or equity relating to the passage of time (including the doctrine of laches), a civil claim or cause of action against a defendant to recover any artwork or other cultural property unlawfully lost because of persecution during the Nazi era or for damages for the taking or detaining of any artwork or other cultural property unlawfully lost because of persecution during the Nazi era may be commenced not later than 6 years after the actual discovery by the claimant or the agent of the claimant of— the identity and location of the artwork or cultural property; and information or facts sufficient to indicate that the claimant has a claim for a possessory interest in the artwork or cultural property that was unlawfully lost.
For purposes of subsection (a)(1), in a case in which there is a possibility of misidentification of the artwork or cultural property, the identification of the artwork or cultural property shall occur on the date on which there are facts sufficient to determine that the artwork or cultural property is likely to be the artwork or cultural property that was unlawfully lost. Subsection
(a)shall apply to any civil claim or cause of action (including a civil claim or cause of action described in paragraph (2)) that is— pending on the date of enactment of this Act; or filed during the period beginning on the date of enactment of this Act and ending on December 31, 2026. A civil claim or cause of action described in this paragraph is a civil claim or cause of action— that was dismissed before the date of enactment of this Act based on the expiration of a Federal or State statute of limitations or any other defense at law or equity relating to the passage of time (including the doctrine of laches); and in which final judgment has not been entered.