58-4004. Authority to apply conservation measures or dispose of property on loan; effect.
58-4004
58-4004. Authority to apply conservation measures or dispose ofproperty on loan; effect.(a) Unless there is a written loan agreement to the contrary,a museum may apply conservation measures to or dispose of property on loanto the museum without the lender's or claimant's permission, or formal notice, if:
(1) Immediate action is required to protect the property on loan orother property in the custody of the museum or the property on loan is ahazard to the health and safety of the public or the museum staff; and
(2) any of the following apply:
(A) The museum is unable to reach the lender or claimant at the lender'sor claimant's last known address or phone number, if action is to be takenwithin more than three days but less than one week from the time the museumdetermined action was necessary;
(B) the museum is unable to reach the lender or claimant at the lender'sor claimant's last known phone number prior to taking action, if the actionis to be taken within three days or less from the time the museumdetermined action was necessary; or
(C) the lender or claimant does not respond or will not agree to theprotective measures the museum recommends, yet is unwilling or unable toterminate the loan and retrieve the property.
(b) If a museum applies conservation measures to or disposes of propertyunder this section, or with the agreement of the lender and claimantsunless the agreement provides otherwise, the museum:
(1) Has a lien on the property and on the proceeds of any dispositionof the property for the costs incurred by the museum; and
(2) is not liable for injury to or loss of the property if the museum:
(A) Had a reasonable belief at the time the action was taken that theaction was necessary to protect the property on loan or other property inthe custody of the museum or that the property on loan was a hazard to thehealth and safety of the public or the museum staff; and
(B) exercised reasonable care in the choice and application of conservation measures.
History: L. 1989, ch. 120, § 4; July 1.