KANSAS STATUTES AND CODES

58-4008. Limitations on certain actions regarding loaned property; exceptions; nonliability for returning property.

58-4008

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 40.--MUSEUM PROPERTY

58-4008. Limitations on certain actions regarding loaned property;exceptions; nonliability for returning property.On and after July 1, 1990:

(a) An action shall not bebrought against a museum fordamages because of injury to or loss of property loaned to the museum morethan three years from the date the museum gives the lender or claimantnotice of the injury or loss or 10 years from the date of the injury orloss, whichever occurs earlier.

(b) An action shall not be brought against a museum to recover propertyon loan more than one year from the date the museum gives the lender orclaimant notice of its intent to terminate the loan or notice ofacquisition of title to undocumented property.

(c) An action shall not be brought against a museum to recover propertyon loan more than seven years from the date of the last written contactbetween the lender or claimant and the museum as evidenced by the museum'srecords.

(d) A lender or claimant is considered to have donated loaned propertyto the museum if the lender fails to file an action to recover the propertyon loan to the museum within the periods specified in subsections (a) through (c).

(e) Notwithstanding subsections (c) and (d), a lender or claimant whowas not given notice as provided in this act that the museum intended toterminate a loan, as provided in K.S.A. 58-4005, and who proves thatthe museumreceived an adequate notice of intent to preserve an interest in loanedproperty, which satisfies all of the requirements of K.S.A. 58-4007,within theseven years immediately preceding the filing of an action to recover theproperty, may recover the property or, if the property has been disposedof, the reasonable value of the property at the time it was disposed ofplus interest at the legal rate.

(f) A museum is not liable at any time, in the absence of a court order, forreturning property to the original lender, even if a claimant other thanthe lender has filed a notice of intent to preserve an interest inproperty. If persons claim competing interests in property in thepossession of a museum, the burden is upon the claimants to prove theirinterests in an action in equity initiated by a claimant. A museum is notliable at any time for returning property to an uncontested claimant whoproduced reasonable proof of ownership pursuant to K.S.A. 58-4007.

History: L. 1989, ch. 120, § 8; July 1.