California has introduced a groundbreaking new law aimed at reuniting Jewish families with artwork stolen by the Nazis during the Holocaust.
The legislation was crafted in response to a January ruling by the U.S. 9th Circuit Court of Appeals, which had determined that the painting “Rue Saint-Honoré in the Afternoon. Effect of Rain” by Camille Pissarro could remain in the possession of a Spanish museum. The court’s decision had dealt a blow to the American descendants of Lilly Cassirer Neubauer, who was forced to surrender the masterpiece to the Nazis in 1939 in exchange for a visa to flee Germany.
Lilly spent years searching for the painting after the war, unaware of its fate. It wasn’t until the early 2000s that her grandson, Claude Cassirer, discovered the Pissarro in the collection of the Museo Nacional Thyssen-Bornemisza in Madrid. When the museum refused to return the painting, estimated to be worth tens of millions of dollars, the Cassirer family initiated legal proceedings.
January’s ruling by the 9th Circuit had applied an archaic Spanish law that allowed for the transfer of title to stolen goods over time, rather than modern California law that aligns with international agreements on the return of Nazi-looted art.
California lawmakers, led by Assemblyman Jesse Gabriel, co-chair of the California Legislative Jewish Caucus, crafted the new legislation to explicitly challenge the court’s interpretation of state law. The bill makes it clear that California law should take precedence over foreign law in such cases.
“For survivors of the Holocaust and their families, the fight to take back ownership of art and other personal items stolen by the Nazis continues to traumatize those who have already gone through the unimaginable,” California Governor Gavin Newsom said during Tuesday’s bill signing ceremony at the LA Holocaust Museum.
“It is both a moral and legal imperative that these valuable and sentimental pieces be returned to their rightful owners, and I am proud to strengthen California’s laws to help secure justice for families.”
For over 80 years, the museum’s display of this blood-stained artwork represented a callous reminder of Hitler’s campaign to materially divest European Jewry of their personal property as a precursor to the Final Solution. Finally, it will be returning home to Lilly’s Jewish living heirs.
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