New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle I - Office of Parks, Recreation and Historic Preservation
Chapter III - HISTORIC PRESERVATION
Subchapter C - COLLECTIONS
Part 429 - DISPOSAL OF WORKS OF ART OR HISTORIC OBJECTS
Section 429.5 - Restrictions on disposal
Current through Register Vol. 46, No. 39, September 25, 2024
(a) A work of art or historic object shall not be disposed of under this Part within 10 years of its acquisition by the State.
(b) A work of art or historic object that is undocumented may be disposed of under this Part between 10 and 20 years after acquisition by the State provided the disposition is first approved by a court of competent jurisdiction. The office shall attempt to notify the previous owner or heirs or legal representatives, however, this requirement shall be deemed waived if the office is unsuccessful after making reasonable efforts to locate and notify such persons.
(c) A work of art or historic object that is undocumented may be disposed of under this Part without court approval 20 years or more after its acquisition by the State.
(d) If disposal of a documented work of art or historic object is inconsistent with the terms or conditions of the instrument by which title was conveyed to the State, it may, nevertheless, be disposed of under this Part provided the disposition is first approved by a court of competent jurisdiction. The office shall attempt to notify the previous owner or heirs or legal representatives, however, this requirement shall be deemed waived if the office is unsuccessful after making reasonable efforts to locate and notify such persons.
(e) A work of art or historic object determined to be surplus under section 429.2(c) of this Part may be disposed of under this Part at any time after its acquisition without court approval.
