What is cultural property law?

Cultural property law regulates the ownership and trade of cultural objects and artifacts that are considered valuable because of their historical, artistic, archeological, or religious significance. In Delaware, cultural property law is governed by the Uniform State Cultural Property Act. This law was created to protect archaeological items, historic properties, and other cultural objects that are significant to the state’s cultural heritage from being sold, exported, or destroyed. The Act provides for the establishment of a State Historical and Cultural Programs Advisory Council, which consists of nine members appointed by the governor. The Council’s main responsibility is to identify any archaeological sites or other objects of importance to Delaware that may be in danger of being destroyed or sold for personal gain. If the Council identifies any such items, it will notify the state’s Department of State and the item will be placed on the state’s Cultural Properties Inventory. Once a cultural object is on the Inventory, the state has the right to consider any application for its purchase, export, or transfer. Additionally, the Act forbids any person from knowingly selling, exporting, or transferring any item listed on the Inventory, unless they receive written consent from the Council. This protection ensures that cultural objects of importance to Delaware’s cultural heritage remain with the state and are not destroyed.

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