§ 34-44.1-7. Application of conservation measures to property on loan to a museum.
(a) Unless a written loan agreement provides otherwise, a museum may apply conservation
or protective measures to, or dispose of, undocumented property or property on loan
to the museum without the lender's or claimant's permission or formal notice if immediate
action is required to protect the property on loan or other property in the custody
of the museum, or because the property on loan has become a hazard to the health and
safety of the public or to the museum's staff, and if one of the following applies:
(1) The propert
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§ 34-44.1-7. Application of conservation measures to property on loan to a museum.
(a) Unless a written loan agreement provides otherwise, a museum may apply conservation
or protective measures to, or dispose of, undocumented property or property on loan
to the museum without the lender's or claimant's permission or formal notice if immediate
action is required to protect the property on loan or other property in the custody
of the museum, or because the property on loan has become a hazard to the health and
safety of the public or to the museum's staff, and if one of the following applies:
(1) The property poses an immediate risk of harm to the museum's staff or collection or
to the general public, in which case the museum may dispose of the property without
delay and shall notify the lender or claimant of the action taken within thirty (30)
days; or
(2) The museum is unable to contact the lender at the address on record for the lender
within three (3) days before the time the museum determines action is necessary; or
(3) The lender does not: (i) Respond or agree to the conservation or protective measures
recommended by the museum; and (ii) Does not or is unable to terminate the loan and
take possession of such property within the time the museum determines that action
is necessary.
(b) If a museum applies conservation or protective measures to any property on loan to
the museum under this section, unless the written loan agreement for the property
provides otherwise, the museum shall acquire a lien on the property in an amount equal
to the costs incurred by the museum for any conservation or protective measures taken.
(c) The museum shall not be liable for injury to or loss of any property that was on loan
to the museum and for which conservation or protective measures were taken under this
section, if the museum: (1) Had a reasonable belief at the time the conservation or
protective measures were taken that such measures were necessary to protect the property
or other property in the possession of the museum, or that the property was a hazard
to the health and safety of the public or museum staff, and (2) Exercised reasonable
care in the choice and application of the conservation and protective measures.