MFA Painting Dispute, Update
In a recent Wall Street Journal profile of attorney Lawrence Kaye, mention is made of a painting at the Museum of Fine Arts now in dispute. I asked the MFA to explain the status of the 16th-century picture, "Landscape with Burning City," by Herri Met De Bles.
Here's the response:
This painting was included in the launch of the European Provenance website in April 2000. By 1948 the MFA was aware that the painting had come from Carinhall and was being sought by the Dutch government. The museum entered discussions with the authorities in the Netherlands at this time. In a letter from A. P. A Vorenkamp, Director of Boymans Museum, to George Edgell, Director of the MFA (November 25, 1948), he confirmed that he had "turned the 'Herri met de Bles affair' over" to the General Commission of Recuperation, Amsterdam. However, the MFA was not contacted by the Commission. In 1998, the MFA again contacted the Netherlands, corresponding with the Inspectorate of Cultural Heritage. It was confirmed that the painting was missing from the Netherlands and it could not be determined why it had not been returned.
Settlement of the issue has been delayed by two legal claims. In 1998 the heirs of Jacques Goudstikker took legal action against the State of the Netherlands for possession of the paintings sold to Miedl. This was settled December 16, 1999; the Court ruled that Goudstikker could assert no rights to them. An heir of Franz Koenigs also claimed to have legal title to the objects sold through Goudstikker, on the grounds that Koenigs was forced to sell his possessions at a cost below fair market value. On November 3, 2003, the Dutch Advisory Committee on the Assessment of Restitution Applications rejected these claims. The resolution, "Advice concerning the application for restitution of the Koenigs collection," is accessible online.
The MFA awaits communication from the interested parties regarding their attempts to reach a neutral resolution of the ownership of the painting. The painting is not on view.
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