§ 34-23-102 — Notice to lender

Wyoming § 34-23-102

• Jurisdiction: Wyoming
• Title 34: Property, Conveyances and Security Transactions
• Ch. 23: MUSEUMS - LOANED PROPERTY

Text

(a) If a museum accepts a loan of property on or after
July 1, 1992 for a period of time exceeding ninety (90) days
that is not subject to a written loan agreement, the museum
shall give the lender the written notice required by this
section.
(b) If a museum holds loaned property acquired between
July 1, 1982 and June 30, 1992 which is not subject to a written
loan agreement, or holds loaned property acquired prior to July
1, 1982 which is not subject to a written loan agreement and
which is not subject to subsection (f) of this section, the
museum may give the lender the written notice required by this
section.
(c) Notice to a lender by a museum shall be deemed given
under this chapter if sent by certified mail to the lender's
address, return receipt requested. If the lender's address is
not available to the museum or if proof of receipt is not
received by the museum, notice shall be by publication at least
once a week for three (3) successive weeks in a newspaper of
general circulation in both the county in which the museum is
located and the county of the lender's address, if any.
(d) The notice shall contain the lender's name, the
lender's address, the date of the loan, a description of the
property loaned, the name, address and telephone number of the
appropriate office or official to be contacted at the museum for
information regarding the loan, an explanation of the lender's
responsibilities to notify the museum of any change of address
or ownership pursuant to W.S. 34-23-103, an explanation of the
lender's right to file a notice of intent to preserve an
interest pursuant to W.S. 34-23-104 and an explanation of when a
museum acquires title to property originally loaned to it as
provided in W.S. 34-23-104(b).
(e) For purposes of this section, a museum is located in
the county of its principal place of business or in the county
in which any branch of the museum is located if the loan is made
to the museum branch.
(f) If a museum holds loaned property acquired prior to
July 1, 1982 which is not subject to a written loan agreement,
and more than ten (10) years have elapsed without written donor
contact indicating the deposit is not a gift, the deposit is
presumed to be a gift. The presumption of a gift under this
subsection may be rebutted by submission of written
documentation by the lender prior to July 1, 1995 establishing
that the deposit was a loan. Failure by the lender to submit
documentation to the museum under this subsection prior to July
1, 1995 shall result in transfer of ownership of the loaned
property to the museum.