• Summary date: Apr 4 2013 - More information

    Identical to H 367, filed 3/20/13.

    Amends GS 121-7 (Historical museums), to allow the proceeds of an artifact sale to also be used for the maintenance or conservation of other artifacts in addition to the purchase of artifacts.

    Deletes GS 121-7(c) and (d), concerning title of an artifact whose owner is unknown or cannot be found and filing a claim of title.

    Creates a new Article in GS 121, Article 5 (Museum and Archives Repository Property).

    Creates new Article 5 in GS Chapter 121. Creates new GS 121-50 (Legislative findings and declaration), providing that the constant management of loaned and titled property is a hindrance to the operation of museums and archives. Purpose of new article is to terminate stale claims and fairly and reasonably allocate the determination of title and financial responsibility.

    Creates new GS 121-51 (Definitions), providing the terms and definitions to be used in this article, including address, archives respository, loan, museum, property, and valid claim.

    Creates new GS 121-52 (Acquisition of title to loaned property), providing that loaned property where the term has expired and at least seven years have passed without written or other contact or the term of the loan did not have an expiration date but at least seven years have passed without contact, the museum or archive may acquire title.

    Provides the process by which the museum or archive may acquire title under this section after seven years of no contact.

    Creates new GS 121-53 (Responsibilities of owners of loaned property; representation of ownership; disputed ownership), providing that it is the responsibility of the owner of loaned property to notify the museum or archives of the owner's identity and current address.

    Also requires all claimed owners to present evidence of ownership to the museum or archives after all changes in ownership, whether by sale, gift, devise, operation of law, or any other means.

    A museum or archive is not liable for actions taken in reasonable reliance on the representation of the person who first transfers an item to the museum or archive that he or she is the true owner.

    Where cases of disputed ownership arise, a museum or archive may retain possession of loaned property and not be held liable until it relies on a court order or judgment to release the property.

    Creates new GS 121-54 (Museum or archives repository's lien for expenses), providing that when the lender of loaned property is known, a museum or archive may charge expenses relating to the reasonable care of the loaned property.

    If the lender of loaned property is not known, a lien against the value of the property can be placed for reasonable expenses to protect the property.

    Creates new GS 121-55 (Acquisition of undocumented property), providing that when a museum or archive is in possession of property and it does not know who the owner is and no one had claimed it within seven years, after the museum or archive follows the notification policy in subsection (b) of the Article, it is free and clear from all claims. However, if a museum or archive wishes to do this they still must provide public notice in the manner described in GS 121-52.

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view