184.116. Action for damages for loss or injury, time limitation--failure to bring action after notice, property deemed donated, when--purchaser from the museum to acquire good title.

MISSOURI STATUTES AND CODES

184.116. Action for damages for loss or injury, time limitation--failure to bring action after notice, property deemed donated, when--purchaser from the museum to acquire good title.

Action for damages for loss or injury, time limitation--failure tobring action after notice, property deemed donated, when--purchaserfrom the museum to acquire good title.

184.116. 1. No action for damages shall be brought againsta museum because of injury to or loss of property on loan to themuseum more than two years from the date the museum gives thelender or claimant notice of the injury or loss or five yearsfrom the date of the injury or loss, whichever occurs earlier.

2. No action to recover property on loan shall be broughtagainst a museum more than one year from the date the museumgives the lender or claimant notice of intent to terminate theloan or notice of acquisition of title to undocumented property,or more than five years from the date a notice of intent topreserve an interest in the property was filed with the museum bythe lender or claimant, whichever occurs earlier.

3. A lender or claimant is considered to have donatedloaned property to the museum if the lender or claimant fails tofile an action to recover the property on loan to the museumwithin the periods specified in subsections 1 and 2 of thissection.

4. A person who purchases property from a museum acquiresgood and valid title to the property if the museum represents tothe person that it has acquired title to the property pursuant tosections 184.101 to 184.122.

5. Notwithstanding subsections 3 and 4 of this section, alender or claimant who was not given notice of intent toterminate a loan or notice of acquisition of title as provided insections 184.111 and 184.112, respectively, and who proves thatthe museum received from the lender or claimant an adequatenotice of intent to preserve an interest in loaned property,which satisfies all of the requirements of section 184.114,within the seven years immediately preceding the filing of anaction to recover the property, may bring an action to recoverthe property or, if the property has been disposed of, thereasonable value of the property at the time it was disposed ofplus interest at the legal rate.

6. A museum is not liable at any time, in the absence of acourt order, for returning property to the original lender, evenif a claimant other than the lender has filed a notice of intentto preserve an interest in property. If persons claim competinginterests in property in the custody of a museum, the burden isupon the claimants to prove their interest in an action in equityinitiated by a claimant. A museum is not liable at any time forreturning property to an uncontested claimant who producedreasonable proof of ownership pursuant to section 184.114.

7. This section shall become effective July 1, 1992.