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California Civil Code Section 989

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(a) The Legislature hereby finds and declares that there is a
public interest in preserving the integrity of cultural and artistic
creations.
   (b) As used in this section:
   (1) "Fine art" means an original painting, sculpture,  or drawing,
or an original work of art in glass, of recognized quality, and of
substantial public interest.
   (2) "Organization" means a public or private not-for-profit entity
or association, in existence at least three years at the time an
action is filed pursuant to this section, a major purpose of which is
to stage, display, or otherwise present works of art to the public
or to promote the interests of the arts or artists.
   (3) "Cost of removal" includes reasonable costs, if any, for the
repair of damage to the real property caused by the removal of the
work of fine art.
   (c) An organization acting in the public interest may commence an
action for injunctive relief to preserve  or restore the integrity of
a work of fine art   from acts prohibited by subdivision (c) of
Section 987.
   (d) In determining whether a work of fine art is of recognized
quality and of  substantial public interest the trier of fact shall
rely on the opinions of those described in subdivision (f) of Section
987.
   (e) (1) If a work of fine art cannot be removed from real property
without substantial physical defacement, mutilation, alteration, or
destruction of such work, no action to preserve the integrity of the
work of fine art may be brought under this section.  However, if an
organization offers some evidence giving rise to a reasonable
likelihood that a work of art can be removed from the real property
without substantial physical defacement, mutilation, alteration, or
destruction of the work, and is prepared to pay the cost of removal
of the work, it may bring a legal action for a determination of this
issue.  In that action the organization shall be entitled to
injunctive relief to preserve the integrity of the work of fine art,
but shall also have the burden of proof.  The action shall commence
within 30 days after filing.  No action may be brought under this
paragraph if the organization's interest in preserving the work of
art is in conflict   with an instrument described in paragraph (1) of
subdivision (h) of Section 987.
   (2) If the owner of the real property wishes to remove a work of
fine art which is part of the real property, but which can be removed
from the real property without substantial harm to such fine art,
and in the course of or after removal, the owner intends to cause or
allow the fine art to suffer physical defacement, mutilation,
alteration, or destruction the owner shall do the following:
   (A) If the artist or artist's heir, legatee, or personal
representative fails to take action to remove the work of fine art
after the notice provided by paragraph (2) of subdivision (h) of
Section 987, the owner shall provide 30 days' notice of his or her
intended action affecting the work of art.  The written notice shall
be a display advertisement in a newspaper of general circulation in
the area where the fine art is located.  The notice required by this
paragraph may run concurrently with the notice required by
subdivision (h) of Section 987.
   (i) If within the 30-day period an organization agrees to remove
the work of fine art and pay the cost of removal of the work, the
payment and removal shall occur within 90 days of the first day of
the 30-day notice.
   (ii) If the work is removed at the expense of an organization,
title to the fine art shall pass to that organization.
   (B) If an organization does not agree to remove the work of fine
art within the 30-day period or fails to remove and pay the cost of
removal of the work of fine art within the 90-day period the owner
may take the intended action affecting the work of fine art.
   (f) To effectuate the rights created by this section, the court
may do the following:
   (1) Award reasonable attorney's and expert witness fees to the
prevailing party, in an amount as determined by the court.
   (2) Require the organization to post a bond in a reasonable amount
as determined by the court.
   (g) No action may be maintained under this section unless brought
within three years of the act complained of or one year after
discovery of such act, whichever is longer.
   (h) This section shall become operative on January 1, 1983, and
shall apply to   claims based on acts occurring on or after that date
to works of fine art, whenever created.
   (i) If any provision of this section or the application thereof to
any person  or circumstances is held invalid, such invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.

Last modified: January 12, 2009