Sec. 13. A museum may acquire title to undocumented property held by the museum for at least three (3) years as follows:

(1) The museum must give notice that the museum is asserting title to the undocumented property.

Terms Used In Indiana Code 32-34-5-13

  • 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. See Indiana Code 32-34-5-1
  • loan: means a deposit of property not accompanied by a transfer of title to the property. See Indiana Code 32-34-5-3
  • museum: means an institution located in Indiana that:

    Indiana Code 32-34-5-4

  • property: means a tangible object under a museum's care that has intrinsic historic, artistic, scientific, or cultural value. See Indiana Code 32-34-5-7
  • 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. See Indiana Code 32-34-5-8
(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 sixty (60) days, 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 sixty (60) days 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.

[Pre-2002 Recodification Citation: 32-9-10-13.]

As added by P.L.2-2002, SEC.19. Amended by P.L.125-2016, SEC.6.