Application of Conservation Measures to Property on Loan to Museum or Archives

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Georgia Museum Property
  6. Application of Conservation Measures to Property on Loan to Museum or Archives

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  1. 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.
  2. 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.
  3. 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 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.

(Code 1981, §10-1-529.6, enacted by Ga. L. 2006, p. 720, § 2/SB 195.)


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