What is an ‘intervention’?
An intervention is a type of legal action that can be used when an artwork is in danger of being damaged or destroyed. It is typically used as a last resort when all other attempts to save the artwork have failed. In South Dakota, an intervention is defined by law as “the real or threatened physical interference, either by person or by machine, with an artwork, artifact, monument, or memorial that creates the reasonable likelihood of irreparable harm or loss to such artwork, artifact, monument, or memorial.” Interventions can range from dismantling and transporting a piece of artwork to a new location if necessary, to requiring a person to stop damaging a piece of artwork that is owned by another. Interventions are generally used in extreme cases where there is a high risk of irreparable damage to an artwork, and other legal remedies have been exhausted. It is important to remember that interventions are a legal action and should be taken only after all other possible legal remedies have been considered. For example, a court could order a party to stop damaging an artwork through a judicial order, or another legal remedy. Interventions should only be used in extreme cases where other options are not available.
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