2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 305B - MUSEUM PROPERTY
305B.4 - CONSERVATION OR DISPOSAL OF LOANED PROPERTY.

        305B.4  CONSERVATION OR DISPOSAL OF LOANED PROPERTY.

         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.
         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.  
         Section History: Recent Form
         88 Acts, ch 1117, §4
         Referred to in § 305B.13

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