§ 121-54 – Responsibilities of owners of loaned property; representation of ownership.
121-54. Responsibilities of owners of loaned property; representation of ownership. (a) Lender’s Responsibilities. – In all cases, it shall be the responsibility of the owner of loaned property to notify the museum or archives repository in writing of the owner’s identity and current address. It shall be the responsibility of any new owner acquiring loaned […]
§ 121-55 – Museum or archives repository's lien for expenses.
121-55. Museum or archives repository’s lien for expenses. (a) When the lender of loaned property is known, a museum or archives repository may charge the lender expenses for the reasonable care of loaned property unclaimed after the expiration date of the loan. (b) When the lender of loaned property is unknown, a museum or archives […]
§ 121-56 – Acquisition of undocumented property.
121-56. Acquisition of undocumented property. (a) Property in the possession of a museum or archives repository that the museum or archives repository has reason to believe may be on loan and for which the museum or archives repository does not know the owner or have any reasonable means of determining the owner becomes the property […]
§ 121-57 – Exclusivity of provisions.
121-57. Exclusivity of provisions. The provisions of this Article shall control the procedure and disposition of any property to which it applies in lieu of any other procedure prescribed by law. (2015-218, s. 2.)
§ 121-50 – Legislative findings and declaration.
121-50. Legislative findings and declaration. The General Assembly finds and declares that the growth and maintenance of collections in museums and archives repositories, both public and private, is a matter of general public interest to the citizens of North Carolina. Museums and archives repositories of all kinds depend upon loans of various articles of property […]
§ 121-51 – Definitions.
121-51. Definitions. The following definitions apply in this Article: (1) Address. – A description of the location of the lender as shown on a museum or archives repository’s records that is sufficient for delivery by mail. (2) Archives repository. – An archives repository shall have the same meaning as the term "North Carolina State Archives" […]
§ 121-52 – Acquisition of title to loaned property.
121-52. Acquisition of title to loaned property. (a) A museum or archives repository may acquire the title to documented property loaned to the museum or archives repository if (i) the term of the loan has expired and at least seven years have passed without written or other contact between the lender and the museum or […]
§ 121-53 – Disputed ownership.
121-53. Disputed ownership. (a) If the Department determines that the claim of ownership is not valid and rejects the claim to the artifact, the claimant may appeal the determination as provided by Chapter 150B of the General Statutes. The burden shall be on the claimant to prove that the claimant is the legal owner of […]
§ 121-38 – Validity of agreements.
121-38. Validity of agreements. (a) No conservation or preservation agreement shall be unenforceable because of (1) Lack of privity of estate or contract, or (2) Lack of benefit to particular land or person, or (3) The assignability of the benefit to another holder as defined in this Article. (b) These agreements are interests in land […]
§ 121-39 – Enforceability of agreements.
121-39. Enforceability of agreements. (a) Conservation or preservation agreements may be enforced by the holder by injunction and other appropriate equitable relief administered or afforded by the courts of this State. Where appropriate under the agreement, damages, or other monetary relief may also be awarded either to the holder or creator of the agreement or […]