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Ark. Code Ann. § 13-5-1009

Conservation measures

Acts 2005, No. 2242, § 1.

(1) If immediate conservation is necessary to protect a loan, a museum's property, or the safety and welfare of the public and the museum's staff and the loan agreement between the museum and the lender does not provide otherwise, a museum has the right to apply conservation measures to a loan without the lender's permission.

(2) If immediate conservation is not necessary but conservation is needed to preserve the loan's value, a museum has the right to apply a conservation measure to a loan: After the museum has notified the lender by certified or registered mail, return receipt requested, that a conservation measure is needed; and

(3) If the lender or claimant: Does not respond to the notice within seven (7) days after the date on the return receipt showing receipt of the notice; or

(4) Refuses to consent to the protective measures and will not agree to the termination of the loan and the immediate retrieval of the loan.

(5) When a conservation measure is undertaken under subsection (a) or subsection (b) of this section, the museum: Has a lien on the loan and on the proceeds of any disposition of the loan for the cost of the conservation measure; or

(6) Is not liable for any injury to or loss of the loan if the museum: Had a reasonable belief at the time conservation measures were taken that the conservation measures were necessary; and

(7) Exercised reasonable care in the choice and application of conservation measures.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.