22-3-508. Conservation or disposal of loaned property. - Montana Statutes

     22-3-508. Conservation or disposal of loaned property. (1) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of property on loan to the museum without the lender's permission if immediate action is required to protect the property on loan or other property in the custody of the museum or if the property on loan has become a hazard to the health and safety of the public or the museum staff and:
     (a) the museum is unable to reach the lender at the lender's last address of record; or
     (b) the lender will not agree to the protective measures the museum recommends, yet is unwilling or unable to terminate the loan and retrieve the property.
     (2) If a museum applies conservation measures to or disposes of property under the provisions of this section, the museum:
     (a) has a lien on the property and on the proceeds of any disposition thereof for the costs incurred by the museum; and
     (b) is not liable for injury to or loss of the property if it:
     (i) had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum or that the property on loan was a hazard to the health and safety of the public or the museum staff; and
     (ii) exercised reasonable care in the choice and application of conservation measures.

     History: En. Sec. 8, Ch. 630, L. 1985.