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Holocaust Expropriated Art Recovery Act of 2025
Nazi-persecution property claims must be decided on their merits when filed on time.
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The law removes procedural barriers that could prevent victims and other claimants from pursuing the return of art or property lost through Nazi persecution, regardless of the victim’s nationality or citizenship.
What the law does
- Bars courts from rejecting timely covered claims based on specified delay-related defenses.
- Bars dismissal under specified doctrines unrelated to the merits.
- Treats covered claims involving foreign states as alleging rights taken in violation of international law, regardless of the victim’s nationality or citizenship.
- Allows plaintiffs to serve defendants anywhere in the United States where they can be found, reside, have an agent, or conduct business.
- Applies the changes to new and pending cases, including qualifying appeals.
- Keeps the remaining provisions in force if one provision is invalidated.
Who it affects
- People pursuing covered claims for art or property lost because of Nazi persecution.
- Defendants holding or connected to disputed property, including foreign states in covered cases.
- Courts hearing new, pending, or qualifying appealed claims.
Breakdown
Holocaust Expropriated Art Recovery Act of 2025
This title expands protections for claims seeking the return of art or other property lost because of Nazi persecution. It directs courts to decide timely claims on their merits rather than dismissing them because too much time has passed or for certain other procedural reasons, and it applies these rules regardless of the victim’s nationality or citizenship.
Key takeaways
- Courts may not reject otherwise timely claims based on delay-related defenses such as laches, adverse possession, acquisitive prescription, or usucapion.
- Courts may not dismiss covered claims under non-merits doctrines such as act of state, international comity, forum non conveniens, or prudential exhaustion.
- Covered claims involving foreign states are treated as raising rights taken in violation of international law, regardless of the alleged victim’s nationality or citizenship.
- Plaintiffs may serve defendants anywhere in the United States where they can be found, reside, have an agent, or conduct business.
- The changes apply to new cases and to cases already pending when the title was enacted, including qualifying appeals.
- If one provision is held invalid, the remaining provisions continue to apply.