§ 25:380.44 — Donations and loans; disposition of property

Louisiana § 25:380.44

• Jurisdiction: Louisiana
• Title 25: Louisiana Tourism Development

Text

§380.44. Donations and loans; disposition of property
A. The board may individually or in cooperation with any nonprofit corporation
established to support the museum and its activities solicit and accept funds, governmental
grants, donations, and contributions of lands, buildings, monies, artifacts, relics, audio and
video recordings, motion picture films, works of art, or other property on behalf of and as
additions to the museum either in the form of loans or in the form of donations inter vivos
or mortis causa, and the department may acquire them by purchase, lease, or otherwise,
subject to the terms, conditions, or limitations contained in the instrument by which such
property is acquired. However, the museum, through the department or a nonprofit formed
to support the programs and activities of the museum, may enter into any and all contracts
with any person, lender, or donor that it deems fit, proper, and necessary to accept and
receive such lands, buildings, monies, artifacts, relics, audio and video recordings, motion
picture films, works of art, or other property on behalf of, as additions to, or for the benefit
of the museum. The museum may serve as the beneficiary of any public or private trust or
insurance policy created for such purpose, pursuant to the provisions of R.S. 9:2341 et seq.
B. The board is granted the authority of deaccession with respect to any collection
of the museum, and for such purpose is exempted from laws relative to the sale or disposal
of surplus property. The board shall establish policies and procedures necessary to carry out
this authority in an orderly manner.
C.(1) Any property that has been deposited with the museum by loan or otherwise,
that has been held by the museum for more than ten years, and that no person has made claim
shall be deemed to be abandoned and, notwithstanding the provisions of Chapter 1 of Title
XII of Book III of the Civil Code, shall escheat to and become the property of the museum,
if the board complies with Paragraph (2) of this Subsection.
(2)(a) For property deposited with the museum on loan, the museum shall contact
the lender of the property by written notice sent by certified mail to the last known address
of the lender. If the written notice by certified mail is returned for any reason, the museum
shall make a reasonable and diligent effort to provide actual notice to the lender of the
property by:
(i) Contacting the lender of the property by first class mail at the last known address
of the lender.
(ii) At least once each week for two consecutive weeks, the board shall cause to be
published in the official journal of the parish of the last known address of the lender of the
property, and, if the last known address is in a parish other than Orleans, in at least one
newspaper of general circulation in the parish of Orleans, a notice and listing of the property
as provided in Subparagraph (c) of this Paragraph.
(b) For property held by the museum that was not deposited on loan, at least once
each week for two consecutive weeks, the board shall cause to be published in at least one
newspaper of general circulation in the parish of Orleans a notice and listing of the property.
(c) Notices mailed or published pursuant to this Subsection shall contain:
(i) The name and last known address, if any, of the last known owner or depositor
of the property.
(ii) A description of the property.
(iii) A statement that if proof of claim is not presented by the claimant to the board
and if the claimant's right to receive such property is not established to the satisfaction of the
board within sixty-five days from the date of the second published notice, the property will
be deemed to be abandoned and shall become the property of the museum.
(3) If no valid claim has been made to the property within sixty-five days from the
date of the second published notice, title to the property shall escheat to and vest in the
museum free from all claims.

Legislative History

Acts 2022, No. 519, §1, eff. June 16, 2022.