1. Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of property on loan to the museum without the lender‘s or claimant‘s permission, or formal notice, if immediate action is required to protect the property on loan or other property in the custody of the museum or if the property on loan is a hazard to the health and safety of the public or the museum staff and if any of the following apply:

 a. The museum is unable to reach the lender or claimant at the lender’s or claimant’s last known address or phone number if action is to be taken within more than three days but less than one week from the time the museum determined action was necessary.
 b. The museum is unable to reach the lender or claimant at the lender’s or claimant’s last known phone number prior to taking action if the action is to be taken within three days or less from the time the museum determined action was necessary.
 c. The lender or claimant does not respond or will not agree to the protective measures the museum recommends, yet is unwilling or unable to terminate the loan and retrieve the property.

Terms Used In Iowa Code 305B.4

  • Claimant: means a person who files a notice of intent to preserve an interest in property on loan to a museum as provided in section 305B. See Iowa Code 305B.2
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Lender: means a person whose name appears on the records of the museum as the person legally entitled to property held or owing by the museum. See Iowa Code 305B.2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Loan: means a deposit of property not accompanied by a transfer of title to the property. See Iowa Code 305B.2
  • Museum: includes , but is not limited to, historical societies, historic sites or landmarks, parks, monuments, and libraries. See Iowa Code 305B.2
  • Property: means a tangible object, animate or inanimate, under a museum's care which has intrinsic historic, artistic, scientific, or cultural value. See Iowa Code 305B.2
  • week: means seven consecutive days. See Iowa Code 4.1
 2. If a museum applies conservation measures to or disposes of property under this section, or with the agreement of the lender and claimants unless the agreement provides otherwise, the museum:

 a. Has a lien on the property and on the proceeds of any disposition of the property for the costs incurred by the museum.
 b. Is not liable for injury to or loss of the property if the museum:

 (1) 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.
 (2) Exercised reasonable care in the choice and application of conservation measures.
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