Rhode Island General Laws 34-44.1-6. Property vested in museum
(a) If a museum receives a timely written claim of ownership for any property for which notice of donation or abandonment was made, pursuant to § 34-44.1-5, from the lender on record with the museum, or the designated agent of such lender, the museum shall return the property to the lender or carry out the disposition of such property as the lender requests not later than sixty (60) days after receipt of such written claim of ownership, provided the lender shall advise the museum in writing as to the disposition of such property or how such property is to be returned to the lender. Any costs incurred as a result of returning such property or the disposition of such property shall be the responsibility of the lender unless the lender and the museum have mutually agreed to alternate arrangements.
Terms Used In Rhode Island General Laws 34-44.1-6
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- Museum: means an organized and permanent nonprofit or public institution in Rhode Island operated by, or a division of, a nonprofit corporation, trust, association, educational institution, or public agency, that is primarily educational, scientific, historic, or aesthetic in purpose, and that owns, borrows, cares for, studies, archives, or exhibits property. See Rhode Island General Laws 34-44.1-1
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Property: means any tangible object in the possession of and under a museum's care that has intrinsic educational, scientific, historical, artistic, aesthetic, or cultural value, excluding the property of any agency or public body as defined in Rhode Island General Laws 34-44.1-1
- Publication: means inclusion in the online publication of lists of abandoned property established pursuant to Rhode Island General Laws 34-44.1-1
(b) If a museum receives a written claim of ownership for any property for which notice of donation or abandonment was made, pursuant to § 34-44.1-5, from a person other than the lender on record with the museum, the museum shall, not later than sixty (60) days after receipt of such written claim of ownership, determine if such ownership claim is valid. A claimant shall submit proof of ownership to the museum with such written claim of ownership. If more than one person submits a written claim of ownership, the museum may delay its determination of ownership until the competing claims are resolved by agreement or legal action. A museum shall not be obligated to initiate legal action to resolve competing claims. If the museum determines that the written claim of ownership is valid or if the competing claims are resolved by agreement or judicial action, the museum shall return the property to the claimant submitting the valid claim of ownership or dispose of the property as the valid claimant requests. Any costs incurred as a result of returning the property or the disposition of the property shall be the responsibility of the valid claimant unless the valid claimant and the museum have mutually agreed to alternate arrangements.
(c) If no written claim of ownership is presented to the museum on or before sixty (60) days after the publication of the notice, the property shall be deemed donated or abandoned and title to the property shall vest in the museum.
(d) Any person who purchases or otherwise acquires property from a museum that obtained the property by donation or abandonment pursuant to this section and § 34-44.1-2 and § 34-44.1-3, shall acquire good title to such property.
History of Section.
P.L. 2013, ch. 160, § 1; P.L. 2013, ch. 219, § 1.