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 whose
name appears on the records of a museum as the person legally
entitled to, or claiming to be legally entitled to, property held by the
museum.
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 most
recent address of a lender as shown on the museum's records
pertaining 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 property
not 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 institution
located 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, or
catalogs 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 of
property 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, a
nonprofit corporation, a trustee or legal representative, the state, a
political subdivision (as defined in IC 36-1-2-13), an agency of the
state or a political subdivision, or a group of those persons acting in
concert.
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 object
under 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" means
property in the possession of a museum for which the museum
cannot 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 be
mailed to the lender's last known address by certified mail. Proper
notice is given if the museum receives proof of receipt of the notice
not 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 this
chapter 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 whom
the notice was sent within thirty (30) days after the notice was
mailed.
(b) Notice by publication under subsection (a) must be given at
least once a week for two (2) consecutive weeks in a newspaper of
general circulation in:
(1) the county in which the museum is located; and
(2) the county of the lender's last known address, if the identity
of 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 required
or seem appropriate, a notice given by a museum under this chapter
must 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 or
office 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 for
specified time; notice
Sec. 12. A museum may acquire title in the following manner to
property that is on permanent loan to the museum or that was loaned
for a specified term that has expired:
(1) The museum must give notice that the museum is
terminating the loan of the property.
(2) The notice that the loan of the property is terminated must
include a statement containing substantially the following
information:
"The records at (name of museum) indicate that you have
property on loan to it. The museum hereby terminates the
loan. If you desire to claim the property, you must contact
the museum, establish your ownership of the property, and
make arrangements to collect the property. If you do not
contact the museum, you will be considered to have donated
the property to the museum.".
(3) If the lender does not respond to the notice of termination
within one (1) year after receipt of the notice by filing a notice
of intent to preserve an interest in the property on loan, clear
and unrestricted title is transferred to the museum three hundred
sixty-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 property
held by the museum for at least seven (7) years as follows:
(1) The museum must give notice that the museum is asserting
title to the undocumented property.
(2) The notice that the museum is asserting title to the property
must include a statement containing substantially the following
information:
"The records of (name of museum) fail to indicate the owner
of record of certain property in its possession. The museum
hereby asserts title to the following property: (general
description of property). If you claim ownership or other
legal interest in this property, you must contact the museum,
establish ownership of the property, and make arrangements
to collect the property. If you fail to do so within three (3)
years, you will be considered to have waived any claim you
may 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 in
the property on loan, the museum's title to the property becomes
absolute.
As added by P.L.2-2002, SEC.19.
IC 32-34-5-14
Conservation measures; application without lender's permission or
formal notice
Sec. 14. Unless there is a written loan agreement to the contrary,
a museum may apply conservation measures to property on loan to
the museum without the lender's permission or formal notice:
(1) if:
(A) action is required to protect the property on loan or other
property in the custody of the museum; or
(B) the property on loan is a hazard to the health and safety
of the public or the museum staff; and
(2) if:
(A) the museum is unable to reach the lender at the lender's
last known address within three (3) days before the time the
museum determines action is necessary; or
(B) the lender does not respond or will not agree to the
protective measures the museum recommends and does not
terminate 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 property
under 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 costs
incurred by the museum; and
(2) is not liable for injury to or loss of the property if the
museum:
(A) had a reasonable belief at the time the action was taken
that the action was necessary to protect the property on loan
or other property in the custody of the museum, or that the
property on loan was a hazard to the health and safety of the
public or the museum staff; and
(B) exercised reasonable care in the choice and application
of 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 gift
to the museum;
is conclusively presumed to be a gift to the museum if ownership of
the 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.