13 CAR pt. 90, Appendix D
(ACT 2242 OF 2005)
13-5-1004. Procedure for obtaining ownership of an abandoned loan.
(a) By complying with subsection (b) or (c) of this section, a museum may obtain ownership of a loan if:
(1) The loan agreement has expired; or
(2) (A) The loan has been in the museum's custody for more than ten (10) years; and (B) The loan agreement does not provide for a longer term for the loan or another disposition.
(b) (1) If the address of the lender is known, the museum shall send the notice required in subsection (d) of this section to the lender by certified or registered mail, return receipt requested. (2)
(A) If the return receipt showing receipt of the notice is returned and the lender fails to object within ninety (90) days of the date of the return receipt, the loan shall be considered abandoned and its ownership shall vest in the museum.
(B) If the museum did not receive a return receipt showing receipt of the notice, the museum may proceed in accordance with the provisions of subsection (c) of this section.
(c) (1) If the museum is unable to determine the identity of the lender or the lender's address, the museum shall publish the notice required under subsection (d) of this section at least one (1) time a week for four (4) consecutive weeks in at least one (1) newspaper with general circulation in:
(A) The county: (i) Of last known address of the lender; and (ii) In which the museum is located; or
(2) If the lender fails to object within ninety (90) days from the last date of the publication, the loan shall be considered abandoned and its ownership shall vest in the museum.
(d) The notice shall contain:
(1) The name, address, and telephone number of the museum;
(2) A complete description of the loan;
(3) The lender's identity if that information is available from the museum's records;
(4) The lender's last known address if that information is available from the museum's records; and
(5) A statement that the loan shall be considered abandoned and shall become the property of the museum if the lender or claimant does not make a timely objection in accordance with subsection (b) or (c) of this section, whichever is applicable.
(ACT 2242 OF 2005)
13-5-1005. Museum's right to claim ownership of undocumented property.
(a) Undocumented property in the possession of a museum shall become the museum's property if no person has claimed the undocumented property within seven (7) years after the museum documented possession of the undocumented property.
(b) This section does not vest ownership of the undocumented property in the museum if the undocumented property is determined later to be:
(2) Property whose ownership is subject to federal law.
13-5-1009. Conservation measures.
(a) If immediate conservation is necessary to protect a loan, a museum's property, or the safety and welfare of the public and the museum's staff and the loan agreement between the museum and the lender does not provide otherwise, a museum has the right to apply conservation measures to a loan without the lender's permission.
(b) If immediate conservation is not necessary but conservation is needed to preserve the loan's value, a museum has the right to apply a conservation measure to a loan:
(1) After the museum has notified the lender by certified or registered mail, return receipt requested, that a conservation measure is needed; and
(2) If the lender or claimant:
(A) Does not respond to the notice within seven (7) days after the date on the return receipt showing receipt of the notice; or
(B) Refuses to consent to the protective measures and will not agree to the termination of the loan and the immediate retrieval of the loan.
(c) When a conservation measure is undertaken under subsection (a) or (b) of this section, the museum:
(1) Has a lien on the loan and on the proceeds of any disposition of the loan for the cost of the conservation measure; or
(2) Is not liable for any injury to or loss of the loan if the museum:
(A) Had a reasonable belief at the time conservation measures were taken that the conservation measures were necessary; and
(B) Exercised reasonable care in the choice and application of conservation measures.