§ 38-14-101. Legislative Declaration
The general assembly hereby finds and declares that the growth and maintenance of museum collections, both public and private, is a matter of general public interest to the citizens of Colorado. Because museums of all kinds depend upon loans of various articles of property to augment their collections and because uncertainty regarding title to and […]
§ 38-14-102. Definitions
As used in this article, unless the context otherwise requires: “Loaned property” means any property accepted by a museum which is not accompanied by a transfer of title. “Museum” means a nonprofit or public institution which is organized and operated primarily for the purpose of collecting, cataloging, exhibiting, or archiving objects of educational, scientific, historical, […]
§ 38-14-103. Limitations on Recovery of Loaned Property
Subject to the contrary terms of any written agreement, no action may be brought for damages or the recovery of any loaned property when: Seven years have passed without written contact between the museum and the lender and the lender’s identity or current address is unknown to the museum; or More than one hundred twenty […]
§ 38-14-104. Termination of Loans by Museums
A museum may give written notice of termination of a loan at any time after the expiration of a loan made for a specified period or at any time if the loan is for an indefinite period. Any loan not evidenced by a writing stating the term of the loan and signed by the lender […]
§ 38-14-105. Manner of Giving Notice
The notice required in section 38-14-103 (1)(b) shall be sufficient when mailed by certified mail, return receipt requested, delivery restricted to owner as defined in section 38-14-102 (3), to the last-known address of the lender as reflected in the records of the museum. Source: L. 88: Entire article added, p. 1251, § 1, effective April […]
§ 38-14-106. Notice Upon Accepting Loaned Property
On and after July 1, 1988, when a museum accepts loaned property or receives written notice of a change in ownership of loaned property, the museum shall inform the lender or new lender within thirty days, in writing, of the provisions of section 38-14-103. Where notice is not given in accordance with this section, the […]
§ 38-14-107. Responsibilities of Owners of Loaned Property
In all cases it shall be the responsibility of the owner of loaned property to notify the museum in writing of his identity and current address. It shall be the responsibility of any new owner acquiring loaned property to notify the museum within sixty days of his name and address. Any owner of loaned property […]
§ 38-14-108. Museum’s Lien for Expenses
When the lender of loaned property is unknown, a museum shall have a lien against the value of specific loaned property for expenses reasonably necessary to protect the loaned property from ordinary decay and deterioration due to natural causes, from theft, or from vandalism. Source: L. 88: Entire article added, p. 1252, § 1, effective […]
§ 38-14-109. Representations as to Ownership
A museum shall not be liable for actions taken in reasonable reliance upon the representations of one who first transfers an item of property to the museum that he is the true owner of the loaned property. Source: L. 88: Entire article added, p. 1252, § 1, effective April 14.
§ 38-14-110. Disputed Ownership
In cases of disputed ownership of loaned property, a museum shall not be held liable for its refusal to surrender loaned property in its possession except in reliance upon a court order or judgment. Source: L. 88: Entire article added, p. 1252, § 1, effective April 14.