55-210.37 - Acquiring title to undocumented property.

§ 55-210.37. Acquiring title to undocumented property.

A. A museum shall have the authority to acquire legal title to undocumentedproperty if the museum can verify through written records that it has heldsuch property for five years or longer, during which period no valid claim tothe property has been asserted and no person has contacted the museumregarding the property, by complying with the following procedure:

1. The museum shall cause to be published a notice once a week for twoconsecutive weeks in a newspaper of general circulation in the county or cityin which the museum is located, and in a newspaper of general circulation inthe county or city of the lender's last known address, if different from thecounty or city in which the museum is located. The notice shall include:

a. A brief and general description of the property;

b. The date or approximate date of the loan or acquisition of the property bythe museum, if known;

c. Notice of the museum's intent to claim title to the property if no validclaims are made within sixty-five days following the date of the firstpublication of the notice under this subdivision;

d. The name, address and telephone number of the representative of the museumto contact for more information or to make a claim; and

e. If known, the name and last known address of the lender.

2. If no valid claims have been made by the end of the sixty-five day periodfollowing the date of the first publication of the notice under subdivision 1c of this subsection, the museum shall cause to be published a second noticeonce a week for two consecutive weeks in a newspaper of general circulationin the county or city in which the museum is located, and in a newspaper ofgeneral circulation in the county or city of the lender's last known address,if different from the county or city in which the museum is located. Thesecond notice shall include:

a. A brief and general description of the property;

b. The date or approximate date of the loan or acquisition of the property bythe museum, if known;

c. Notice that the museum claims title to the property as of the date of theend of the sixty-five day period following the date of the first publicationof the notice under subdivision 1 of this subsection; and

d. If known, the name and last known address of the lender.

B. Upon compliance with the requirements set forth in subsection A, clear andunrestricted title is transferred, as of the date specified in subdivision A1 c of this section, to the museum and not to the Commonwealth.

(2002, c. 883.)