Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-14-101 Legislative declaration
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The general assembly hereby finds and declares that the growth and maintenance of museum collections, both public and private, is a matter of general public interest to the citizens of Colorado. Because museums of all kinds depend upon loans of various articles of property to aug…
Colo. Rev. Stat. § 38-14-102 Definitions
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As used in this article, unless the context otherwise requires: (1) Loaned property means any property accepted by a museum which is not accompanied by a transfer of title. (2) Museum means a nonprofit or public institution which is organized and operated primarily for the purpos…
Colo. Rev. Stat. § 38-14-103 Limitations on recovery of loaned property
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(1) Subject to the contrary terms of any written agreement, no action may be brought for damages or the recovery of any loaned property when: (a) Seven years have passed without written contact between the museum and the lender and the lender's identity or current address is unkn…
Colo. Rev. Stat. § 38-14-104 Termination of loans by museums
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(1) A museum may give written notice of termination of a loan at any time after the expiration of a loan made for a specified period or at any time if the loan is for an indefinite period. Any loan not evidenced by a writing stating the term of the loan and signed by the lender s…
Colo. Rev. Stat. § 38-14-105 Manner of giving notice
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The notice required in section 38-14-103 (1)(b) shall be sufficient when mailed by certified mail, return receipt requested, delivery restricted to owner as defined in section 38-14-102 (3), to the last-known address of the lender as reflected in the records of the museum. Source…
Colo. Rev. Stat. § 38-14-106 Notice upon accepting loaned property
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On and after July 1, 1988, when a museum accepts loaned property or receives written notice of a change in ownership of loaned property, the museum shall inform the lender or new lender within thirty days, in writing, of the provisions of section 38-14-103. Where notice is not gi…
Colo. Rev. Stat. § 38-14-107 Responsibilities of owners of loaned property
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In all cases it shall be the responsibility of the owner of loaned property to notify the museum in writing of his identity and current address. It shall be the responsibility of any new owner acquiring loaned property to notify the museum within sixty days of his name and addres…
Colo. Rev. Stat. § 38-14-108 Museum's lien for expenses
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When the lender of loaned property is unknown, a museum shall have a lien against the value of specific loaned property for expenses reasonably necessary to protect the loaned property from ordinary decay and deterioration due to natural causes, from theft, or from vandalism. Sou…
Colo. Rev. Stat. § 38-14-109 Representations as to ownership
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A museum shall not be liable for actions taken in reasonable reliance upon the representations of one who first transfers an item of property to the museum that he is the true owner of the loaned property. Source: L. 88: Entire article added, p. 1252, � 1, effective April 14.
Colo. Rev. Stat. § 38-14-110 Disputed ownership
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In cases of disputed ownership of loaned property, a museum shall not be held liable for its refusal to surrender loaned property in its possession except in reliance upon a court order or judgment. Source: L. 88: Entire article added, p. 1252, � 1, effective April 14.
Colo. Rev. Stat. § 38-14-111 Title of property purchased from museum
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When a museum which acquired title to loaned property pursuant to section 38-14-103 sells said property, the purchaser shall acquire good title free of all claims and defenses. Source: L. 88: Entire article added, p. 1252, � 1, effective April 14.
Colo. Rev. Stat. § 38-14-112 Property not to escheat
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Loaned property in the possession of a museum at the time of the owner's death which would otherwise escheat to the state under section 15-11-105 or 15-12-914, C.R.S., shall not so escheat but shall become the property of the museum to which it is then loaned. Source: L. 88: Enti…