Section 305B.4 – Conservation or disposal of loaned property.
305B.4 Conservation or disposal of loaned property. 1. Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of 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 […]
Section 305B.5 – Notice of injury or loss.
305B.5 Notice of injury or loss. A museum shall give a lender or claimant prompt notice of any known injury to or loss of property on loan. The department of cultural affairs shall adopt by rule a form for notice of injury or loss, no later than January 1, 1989, and shall distribute the rule […]
Section 305B.6 – Notice of intent to terminate loan — acquiring title to loaned property.
305B.6 Notice of intent to terminate loan — acquiring title to loaned property. 1. A museum may acquire title to loaned property pursuant to this section. A museum may give notice of termination of a loan of property at any time if either of the following apply: a. The property was loaned to the museum […]
Section 305B.7 – Acquiring title to undocumented property.
305B.7 Acquiring title to undocumented property. 1. A museum may acquire title to undocumented property held by a museum for seven years or longer with no valid claim or written contact by any person, all verifiable through the museum’s written records, by giving notice of acquisition of title to undocumented property. 2. If a lender […]
Section 305B.8 – Notice of intent to preserve an interest in property — requirements — form — disclosure.
305B.8 Notice of intent to preserve an interest in property — requirements — form — disclosure. 1. A notice of intent to preserve an interest in property on loan to a museum filed pursuant to this chapter shall be in writing and contain all of the following information: a. A description of the property adequate […]
Section 305B.9 – Limitations on actions against museums.
305B.9 Limitations on actions against museums. 1. An action shall not be brought against a museum for damages because of injury to or loss of property loaned to the museum more than three years from the date the museum gives the lender or claimant notice of the injury or loss or ten years from the […]
Section 305B.10 – Museum obligations.
305B.10 Museum obligations. In order to take title pursuant to this chapter a museum has the following obligations to a lender or claimant: 1. The museum shall retain all written records regarding the property for at least three years from the date of taking title pursuant to this chapter. 2. The museum shall keep written […]
Section 305B.11 – Required museum recordkeeping.
305B.11 Required museum recordkeeping. 1. On or after January 1, 1989, a museum shall at minimum maintain and retain the following records, either originals or accurate copies, for a period of not less than twenty-five years: a. A notice of intent to preserve an interest in property. b. The loan agreement, if any, and a […]
Section 305B.12 – Lender obligations to museum.
305B.12 Lender obligations to museum. 1. The lender or claimant of property on loan to a museum shall notify the museum of a change of address or change in ownership of the property. Failure to notify the museum of these changes may result in the lender’s or claimant’s loss of rights in the property. 2. […]
Section 305B.13 – Retroactive applicability.
305B.13 Retroactive applicability. 1. Sections 305B.1 through 305B.8 are retroactively applicable to all property in the possession of a museum within the state on or after January 1, 1988. 2. Section 305B.9 is effective July 1, 1989, and when effective is retroactively applicable to all property in the possession of the museum before July 1, […]