TITLE XVI
LIBRARIES
Chapter 201-E
MUSEUM PROPERTY ACT
Section 201-E:1
201-E:1 Title. –
This chapter may be cited as the "Museum Property Act".
Source. 1989, 87:2, eff. June 30, 1989.
Section 201-E:2
201-E:2 Definitions. –
In this chapter:
I. "Loan" means a deposit of property not accompanied by a transfer of title to the property.
II. "Museum" means an institution located in New Hampshire operated by a nonprofit corporation or a public agency, primarily for educational, scientific, historic preservation, or aesthetic purposes, which owns, cares for, exhibits, studies, archives, or catalogs property. "Museum" includes, but is not limited to, historical societies, historic sites or landmarks, parks, monuments, and libraries.
III. "Property" means a tangible object, animate or inanimate, under a museum's care which has intrinsic historic, artistic, scientific, or cultural value.
Source. 1989, 87:2, eff. June 30, 1989.
Section 201-E:3
201-E:3 Property Held Without a Loan Agreement. –
Any property held by a museum within the state, other than by terms of a loan agreement, that has been held for 5 years or more and has remained unclaimed shall be deemed to be abandoned. Such property shall become the property of the museum, if the museum has given notice pursuant to RSA 201-E:5 and no assertion of title has been filed for the property within 90 days from the date of the second published notice.
Source. 1989, 87:2, eff. June 30, 1989.
Section 201-E:4
201-E:4 Property Held Subject to a Loan Agreement. –
I. Property subject to a loan agreement which is on loan to a museum shall be deemed to be donated to the museum if no claim is made or action filed to recover the property after termination or expiration of the loan and if the museum has given notice under RSA 201-E:5 and no assertion of title has been filed within 90 days from the date of the second published notice.
II. A museum may terminate a loan of property if the property was loaned to the museum for an indefinite term and the property has been held by the museum for 5 years or more. Property on "permanent loan" shall be considered loaned for an indefinite term.
III. If property was loaned to the museum for a specified term, the museum may give notice of termination of the loan at any time after expiration of the specified term.
IV. It is the responsibility of the owner of property on loan to a museum to notify the museum promptly in writing of any change of address or change in ownership of the property.
V. When a museum accepts a loan of property, the museum shall inform the owner in writing of the provisions of this chapter.
Source. 1989, 87:2, eff. June 30, 1989.
Section 201-E:5
201-E:5 Notice Requirements. –
I. When a museum is required to give notice of abandonment of property or of termination of a loan, the museum shall mail such notice by certified mail, return receipt requested, to the last known owner at the most recent address of such owner as shown on the museum's records. If the museum has no address on record, or the museum does not receive written proof of receipt of the mailed notice within 30 days of the date the notice was mailed, the museum shall publish notice, at least once each week for 2 consecutive weeks, in a newspaper of general circulation in both the county in which the museum is located and the county in which the last known address, if available, of the owner is located.
II. The published notice shall contain:
(a) A description of the unclaimed property;
(b) The name and last known address of the owner;
(c) A request that all persons who may have any knowledge of the whereabouts of the owner provide written notice to the museum; and
(d) A statement that if written assertion of title is not presented by the owner to the museum within 90 days from the date of the second published notice, the property shall be considered abandoned or donated and shall become the property of the museum.
III. For purposes of this chapter, if the loan of property was made to a branch of a museum, the museum shall be considered to be located in the county in which the branch is located. Otherwise the museum is located in the county in which it has its principal place of business.
Source. 1989, 87:2, eff. June 30, 1989.
Section 201-E:6
201-E:6 Property Vested In Museum. –
I. If no written assertion of title has been presented by the owner to the museum within 90 days from the date of the second published notice, title to the property shall vest in the museum, free of all claims of the owner and of all persons claiming under the owner.
II. One who purchases or otherwise acquires property from a museum acquires good title to the property if the museum has acquired title to the property under this chapter.
Source. 1989, 87:2, eff. June 30, 1989.
Section 201-E:7
201-E:7 Rulemaking. –
The commissioner of the department of natural and cultural resources shall adopt rules under RSA 541-A relative to:
I. The form of written notification to persons loaning property under RSA 201-E:4, V.
II. Procedures for recordkeeping.
Source. 1989, 87:2. 1990, 73:1. 1998, 363:3, eff. Aug. 25, 1998. 2017, 156:38, eff. July 1, 2017.