2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 305B - MUSEUM PROPERTY
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 damages
      because of injury to or loss of property loaned to the museum more
      than three years from the date the museum gives the lender or
      claimant notice of the injury or loss or ten years from the date of
      the injury or loss, whichever occurs earlier.
         2.  An action shall not be brought against a museum to recover
      property on loan more than one year from the date the museum gives
      the lender or claimant notice of its intent to terminate the loan or
      notice of acquisition of title to undocumented property.
         3.  An action shall not be brought against a museum to recover
      property on loan more than seven years from the date of the last
      written contact between the lender or claimant and the museum as
      evidenced by the museum's records.
         4.  A lender or claimant is considered to have donated loaned
      property to the museum if the lender fails to file an action to
      recover the property on loan to the museum within the periods
      specified in subsections 1 through 3.
         5.  A person who purchases property from a museum acquires good
      title to the property if the museum represents that it has acquired
      title to the property pursuant to subsection 4.
         6.  Notwithstanding subsections 3 and 4, a lender or claimant who
      was not given notice as provided in this chapter that the museum
      intended to terminate a loan, as provided in section 305B.6, and who
      proves that the museum received an adequate notice of intent to
      preserve an interest in loaned property, which satisfies all of the
      requirements of section 305B.8, within the seven years immediately
      preceding the filing of an action to recover the property, may
      recover the property or, if the property has been disposed of, the
      reasonable value of the property at the time it was disposed of plus
      interest at the legal rate.
         7.  A museum is not liable at any time, in the absence of a court
      order, for returning property to the original lender, even if a
      claimant other than the lender has filed a notice of intent to
      preserve an interest in property.  If persons claim competing
      interests in property in the possession of a museum, the burden is
      upon the claimants to prove their interest in an action in equity
      initiated by a claimant.  A museum is not liable at any time for
      returning property to an uncontested claimant who produced reasonable
      proof of ownership pursuant to section 305B.8.  
         Section History: Recent Form
         88 Acts, ch 1117, §9
         Referred to in § 305B.7, 305B.13

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