[NHCOLL-L:2064] Fwd: RE: Stolen collections

[Richard Monk]

>From: "Phelan, Marilyn" <mphelan at law.ttu.edu>
>
>             Adverse possession should not apply here as the current 
> possessor would not have held property "openly, notoriously, visibly, 
> exclusively, and continuously" against the rightful owner.
>
>              If the property was stolen, the currently possessor would 
> not have ownership.  One who purchases property, no matter how 
> innocently, from a thief, or all subsequent purchasers from the thief, 
> acquires no title in the property. This basic principle is set out in the 
> Uniform Commercial Code at sec. 2-403.  However, an action in conversion 
> by the rightful owner to recover the property may be time barred or the 
> doctrine of laches may preclude recovery.  In New York, however, the 
> Statute of Limitations would not run until the rightful owner demanded a 
> return of the property and the current possessor refused to return the 
> property.  Thus, the action probably would not be time barred in New 
> York.  In most other states, an action for recovery of the property would 
> accrue and the statute of limitations would begin to run when the 
> rightful owner discovered, or by the exercise of reasonable diligence, 
> should have discovered the current possessor of the property.
>
>             California has addressed the statute of limitations issue by 
> statute.  It has adopted a 3 year statutory limitation period that begins 
> to run at "the discovery of the whereabouts of the article by the 
> aggrieved party..."  Cal. Civ. Proc Code  sec. 338(c).
>
>             Obviously theft charges can be brought against the possessor 
> if he or she is aware the material was stolen.  However, local law 
> enforcement also can file charges pursuant to the National Stolen 
> Properties Act (18 U.S.C. secs. 2314-15).  This act makes it a felony to 
> receive, possess, conceal etc."...any goods....which have crossed a State 
> or United States boundary after being stolen...."
>
>                  Marilyn Phelan
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