CHAPTER 5. PROPERTY LOANED TO MUSEUMS
IC 32-34-5
Chapter 5. Property Loaned to Museums
IC 32-34-5-1
"Lender" defined
Sec. 1. As used in this chapter, "lender" means a person whosename appears on the records of a museum as the person legallyentitled to, or claiming to be legally entitled to, property held by themuseum.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-2
"Lender's address" defined
Sec. 2. As used in this chapter, "lender's address" means the mostrecent address of a lender as shown on the museum's recordspertaining to property on loan from the lender.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-3
"Loan" defined
Sec. 3. As used in this chapter, "loan" means a deposit of propertynot accompanied by a transfer of title to the property.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-4
"Museum" defined
Sec. 4. As used in this chapter, "museum" means an institutionlocated in Indiana that:
(1) is operated by a person primarily for education, scientific,historic preservation, or aesthetic purposes; and
(2) owns, borrows, cares for, exhibits, studies, archives, orcatalogs property.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-5
"Permanent loan" defined
Sec. 5. As used in this chapter, "permanent loan" means a loan ofproperty to a museum for an indefinite period.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-6
"Person" defined
Sec. 6. As used in this chapter, "person" means an individual, anonprofit corporation, a trustee or legal representative, the state, apolitical subdivision (as defined in IC 36-1-2-13), an agency of thestate or a political subdivision, or a group of those persons acting inconcert.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-7 "Property" defined
Sec. 7. As used in this chapter, "property" means a tangible objectunder a museum's care that has intrinsic historic, artistic, scientific,or cultural value.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-8
"Undocumented property" defined
Sec. 8. As used in this chapter, "undocumented property" meansproperty in the possession of a museum for which the museumcannot determine the owner by reference to the museum's records.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-9
Mailing notice
Sec. 9. A notice given by a museum under this chapter must bemailed to the lender's last known address by certified mail. Propernotice is given if the museum receives proof of receipt of the noticenot more than thirty (30) days after the notice was mailed.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-10
Notice by publication
Sec. 10. (a) A museum may give notice by publication under thischapter if the museum does not:
(1) know the identity of the lender;
(2) have an address last known for the lender; or
(3) receive proof of receipt of the notice by the person to whomthe notice was sent within thirty (30) days after the notice wasmailed.
(b) Notice by publication under subsection (a) must be given atleast once a week for two (2) consecutive weeks in a newspaper ofgeneral circulation in:
(1) the county in which the museum is located; and
(2) the county of the lender's last known address, if the identityof the lender is known.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-11
Notice; contents
Sec. 11. In addition to any other information that may be requiredor seem appropriate, a notice given by a museum under this chaptermust contain the following:
(1) The name of the lender, if known.
(2) The last known address of the lender.
(3) A brief description of the property on loan.
(4) The date of the loan, if known.
(5) The name of the museum.
(6) The name, address, and telephone number of the person oroffice to be contacted regarding the property.As added by P.L.2-2002, SEC.19.
IC 32-34-5-12
Acquiring title for property on permanent loan or loaned forspecified time; notice
Sec. 12. A museum may acquire title in the following manner toproperty that is on permanent loan to the museum or that was loanedfor a specified term that has expired:
(1) The museum must give notice that the museum isterminating the loan of the property.
(2) The notice that the loan of the property is terminated mustinclude a statement containing substantially the followinginformation:
"The records at (name of museum) indicate that you haveproperty on loan to it. The museum hereby terminates theloan. If you desire to claim the property, you must contactthe museum, establish your ownership of the property, andmake arrangements to collect the property. If you do notcontact the museum, you will be considered to have donatedthe property to the museum.".
(3) If the lender does not respond to the notice of terminationwithin one (1) year after receipt of the notice by filing a noticeof intent to preserve an interest in the property on loan, clearand unrestricted title is transferred to the museum three hundredsixty-five (365) days after the notice was received.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-13
Acquiring title for undocumented property; notice
Sec. 13. A museum may acquire title to undocumented propertyheld by the museum for at least seven (7) years as follows:
(1) The museum must give notice that the museum is assertingtitle to the undocumented property.
(2) The notice that the museum is asserting title to the propertymust include a statement containing substantially the followinginformation:
"The records of (name of museum) fail to indicate the ownerof record of certain property in its possession. The museumhereby asserts title to the following property: (generaldescription of property). If you claim ownership or otherlegal interest in this property, you must contact the museum,establish ownership of the property, and make arrangementsto collect the property. If you fail to do so within three (3)years, you will be considered to have waived any claim youmay have had to the property.".
(3) If a lender does not respond to the notice within three (3)years by giving a written notice of intent to retain an interest inthe property on loan, the museum's title to the property becomesabsolute.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-14
Conservation measures; application without lender's permission orformal notice
Sec. 14. Unless there is a written loan agreement to the contrary,a museum may apply conservation measures to property on loan tothe museum without the lender's permission or formal notice:
(1) if:
(A) action is required to protect the property on loan or otherproperty in the custody of the museum; or
(B) the property on loan is a hazard to the health and safetyof the public or the museum staff; and
(2) if:
(A) the museum is unable to reach the lender at the lender'slast known address within three (3) days before the time themuseum determines action is necessary; or
(B) the lender does not respond or will not agree to theprotective measures the museum recommends and does notterminate the loan and retrieve the property within three (3)days.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-15
Conservation measures; liens; liability of museum
Sec. 15. If a museum applies conservation measures to propertyunder section 14 of this chapter or with the agreement of the lender,unless the agreement provides otherwise, the museum:
(1) acquires a lien on the property in the amount of the costsincurred by the museum; and
(2) is not liable for injury to or loss of the property if themuseum:
(A) had a reasonable belief at the time the action was takenthat the action was necessary to protect the property on loanor other property in the custody of the museum, or that theproperty on loan was a hazard to the health and safety of thepublic or the museum staff; and
(B) exercised reasonable care in the choice and applicationof conservation measures.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-16
Presumption of gift to museum
Sec. 16. Property that:
(1) is found in or on property controlled by the museum;
(2) is from an unknown source; and
(3) might reasonably be assumed to have been intended as a giftto the museum;
is conclusively presumed to be a gift to the museum if ownership ofthe property is not claimed by a person or individual within ninety(90) days after its discovery.
As added by P.L.2-2002, SEC.19.