Loans to Museums

C.R.S. tit. 38, art. 14
in effect

C.R.S. § 38-14-101 Legislative declaration

38-14-101. Legislative declaration. The general assembly hereby finds and declares that the growth and maintenance of museum collections, both public and private, is a matter of general public interest to the citizens of Colorado. Because museums of all kinds depend upon loans of various articles of property to augment their collections and because uncertainty regarding title to and responsibility for loaned property is a hindrance to museums in their efforts to maintain, repair, and dispose of property in their possession, it is the purpose of this article to fairly and reasonably allocate responsibilities and to provide rules for the determination of title and financial responsibilities in certain cases.

C.R.S. § 38-14-102 Definitions

38-14-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Loaned property" means any property accepted by a museum which is not accompanied by a transfer of title. (2) "Museum" means a nonprofit or public institution which is organized and operated primarily for the purpose of collecting, cataloging, exhibiting, or archiving objects of educational, scientific, historical, or aesthetic interest and the collection of which is generally open to the public. The term includes, without limitation, historical societies, parks, monuments, and libraries. (3) "Owner" and "lender" mean the actual owner of loaned property or his duly authorized agent, trustee, conservator, custodian, heir, or fiduciary, whether an individual, association, trust, partnership, corporation, or any similar organization capable of having an interest in property. (4) "Property" means all tangible objects, animate and inanimate, collected or maintained by a museum for educational, historic, or exhibition purposes.

C.R.S. § 38-14-103 Limitations on recovery of loaned property

38-14-103. Limitations on recovery of loaned property. (1) Subject to the contrary terms of any written agreement, no action may be brought for damages or the recovery of any loaned property when: (a) Seven years have passed without written contact between the museum and the lender and the lender's identity or current address is unknown to the museum; or (b) More than one hundred twenty days have passed since a museum has given written notice of termination of a loan pursuant to section 38-14-104 and the lender has not reclaimed the loaned property; except that no lender shall be prejudiced in this regard for want of reasonable cooperation from the museum holding his loaned property.

C.R.S. § 38-14-104 Termination of loans by museums

38-14-104. Termination of loans by museums. (1) A museum may give written notice of termination of a loan at any time after the expiration of a loan made for a specified period or at any time if the loan is for an indefinite period. Any loan not evidenced by a writing stating the term of the loan and signed by the lender shall be deemed a loan for an indefinite period. (2) Notice given under this section shall contain: (a) A description of the loaned property sufficient to identify it; (b) The last-known name and address of the lender; (c) The date of the loan or the date the loaned property was accepted by the museum if the loan was not evidenced by a writing; (d) The name, address, and telephone number of the appropriate officer or official at the museum to be contacted regarding the loan; (e) A statement referring the lender to this article and informing him that failure to reclaim his loaned property within one hundred twenty days shall result in the loss of all rights in said property.

C.R.S. § 38-14-105 Manner of giving notice

38-14-105. Manner of giving notice. The notice required in section 38-14-103 (1)(b) shall be sufficient when mailed by certified mail, return receipt requested, delivery restricted to owner as defined in section 38-14-102 (3), to the last-known address of the lender as reflected in the records of the museum.

C.R.S. § 38-14-106 Notice upon accepting loaned property

38-14-106. Notice upon accepting loaned property. On and after July 1, 1988, when a museum accepts loaned property or receives written notice of a change in ownership of loaned property, the museum shall inform the lender or new lender within thirty days, in writing, of the provisions of section 38-14-103. Where notice is not given in accordance with this section, the provisions of section 38-14-103 (1)(b) shall not apply.

C.R.S. § 38-14-107 Responsibilities of owners of loaned property

38-14-107. Responsibilities of owners of loaned property. In all cases it shall be the responsibility of the owner of loaned property to notify the museum in writing of his identity and current address. It shall be the responsibility of any new owner acquiring loaned property to notify the museum within sixty days of his name and address. Any owner of loaned property shall, upon request from a museum holding loaned property, promptly provide evidence of ownership satisfactory to the museum. This section shall apply to all changes in ownership, whether by sale, gift, devise, operation of law, or any other means. So long as a museum deals honestly and in good faith, no museum shall be prejudiced by reason of any failure to deal with the true owner of any loaned property if the owner has failed to comply with the requirements of this section.

C.R.S. § 38-14-108 Museum's lien for expenses

38-14-108. Museum's lien for expenses. When the lender of loaned property is unknown, a museum shall have a lien against the value of specific loaned property for expenses reasonably necessary to protect the loaned property from ordinary decay and deterioration due to natural causes, from theft, or from vandalism.

C.R.S. § 38-14-109 Representations as to ownership

38-14-109. Representations as to ownership. A museum shall not be liable for actions taken in reasonable reliance upon the representations of one who first transfers an item of property to the museum that he is the true owner of the loaned property.

C.R.S. § 38-14-110 Disputed ownership

38-14-110. Disputed ownership. In cases of disputed ownership of loaned property, a museum shall not be held liable for its refusal to surrender loaned property in its possession except in reliance upon a court order or judgment.

C.R.S. § 38-14-111 Title of property purchased from museum

38-14-111. Title of property purchased from museum. When a museum which acquired title to loaned property pursuant to section 38-14-103 sells said property, the purchaser shall acquire good title free of all claims and defenses.

C.R.S. § 38-14-112 Property not to escheat

38-14-112. Property not to escheat. Loaned property in the possession of a museum at the time of the owner's death which would otherwise escheat to the state under section 15-11-105 or 15-12-914, C.R.S., shall not so escheat but shall become the property of the museum to which it is then loaned.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-38.docxFetched: 10/6/2026

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