Acquisition of undocumented property

(a) Property in the possession of a museum or archives repository which the museum or archives repository has reason to believe may be on loan and for which the museum or archives repository does not know the owner or have any reasonable means of determining the owner becomes the property of the museum or archives repository if no person has claimed the property within seven years after the museum or archives repository or a predecessor or assignor of such museum or archives repository took possession of the property. The museum or archives repository becomes the owner of the property on the day after the seven-year period ends and after following the notification process outlined in subsection (b) of this Code section free from all claims. (b) The museum or archives repository that wishes to acquire title to 407 10-1-529.5 COMMERCE AND TRADE 10-1-529.6 undocumented property described in subsection (a) of this Code section shall provide public notice in the manner described in Code Section 10-1-529.4. (c) On or after July 1, 2006, property that: (1) Is found in or on property controlled by the museum; (2) Is from an unknown source; and (3) Might reasonably be assumed to have been intended as a gift to the museum is conclusively presumed to be a gift to the museum if ownership of the property is not claimed by a person within 90 days of its discovery. History. Code 1981, § 10-1-529.5, enacted by Ga. L. 2006, p. 720, § 2/SB 195. 10-1-529.6. Application of conservation measures to property on loan to museum or archives. (a) Unless there is a written loan agreement to the contrary, a museum or archives repository may apply conservation measures to property on loan to the museum or archives repository without the lender’s permission or formal notice if action is required to protect the property on loan or other property in the custody of the museum or archives repository or the property on loan is a hazard to the health and safety of the public or the museum or archives repository staff, and either: (1) The museum or archives repository is unable to reach the lender at the lender’s last known address within three days before the time the museum or archives repository determines action is necessary; or (2) The lender does not respond or will not agree to the protective measures the museum or archives repository recommends and does not terminate the loan and retrieve the property within three days. (b) If a museum or archives repository applies conservation measures to property under this article, or with the agreement of the lender, unless the agreement provides otherwise, the museum or archives repository acquires a lien on the property in the amount of the costs incurred by the museum or archives repository. (c) The museum or archives repository is not liable for injury to or loss of the property if the museum or archives repository: (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 408 10-1-529.6 SELLING/OTHER TRADE PRACTICES 10-1-530 property in the custody of the museum or archives repository or that the property on loan was a hazard to the health and safety of the public or the museum or archives repository staff; and (2) Exercised reasonable care in the choice and application of conservation measures. History. Code 1981, § 10-1-529.6, enacted by Ga. L. 2006, p. 720, § 2/SB 195. 10-1-529.7. American Indian human remains and burial objects excluded. This article shall not apply to objects held by museums pursuant to Part 1 of Article 7 of Chapter 12 of Title 44, relating to American Indian human remains and burial objects held by museums. History. Code 1981, § 10-1-529.7, enacted by Ga. L. 2006, p. 720, § 2/SB 195. ARTICLE 18 AUCTIONEERS 10-1-530. Liability for sale of stolen horse or mule.