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 damagesbecause of injury to or loss of property loaned to the museum morethan three years from the date the museum gives the lender orclaimant notice of the injury or loss or ten years from the date ofthe injury or loss, whichever occurs earlier. 2. An action shall not be brought against a museum to recoverproperty on loan more than one year from the date the museum givesthe lender or claimant notice of its intent to terminate the loan ornotice of acquisition of title to undocumented property. 3. An action shall not be brought against a museum to recoverproperty on loan more than seven years from the date of the lastwritten contact between the lender or claimant and the museum asevidenced by the museum's records. 4. A lender or claimant is considered to have donated loanedproperty to the museum if the lender fails to file an action torecover the property on loan to the museum within the periodsspecified in subsections 1 through 3. 5. A person who purchases property from a museum acquires goodtitle to the property if the museum represents that it has acquiredtitle to the property pursuant to subsection 4. 6. Notwithstanding subsections 3 and 4, a lender or claimant whowas not given notice as provided in this chapter that the museumintended to terminate a loan, as provided in section 305B.6, and whoproves that the museum received an adequate notice of intent topreserve an interest in loaned property, which satisfies all of therequirements of section 305B.8, within the seven years immediatelypreceding the filing of an action to recover the property, mayrecover the property or, if the property has been disposed of, thereasonable value of the property at the time it was disposed of plusinterest at the legal rate. 7. A museum is not liable at any time, in the absence of a courtorder, for returning property to the original lender, even if aclaimant other than the lender has filed a notice of intent topreserve an interest in property. If persons claim competinginterests in property in the possession of a museum, the burden isupon the claimants to prove their interest in an action in equityinitiated by a claimant. A museum is not liable at any time forreturning property to an uncontested claimant who produced reasonableproof of ownership pursuant to section 305B.8.
Section History: Recent Form 88 Acts, ch 1117, §9 Referred to in § 305B.7, 305B.13