121-53. Disputed ownership.
(a) If the Department determines that the claim of ownership is not valid and rejects the claim to the artifact, the claimant may appeal the determination as provided by Chapter 150B of the General Statutes. The burden shall be on the claimant to prove that the claimant is the legal owner of the property.
(b) Nothing in this Article shall be construed to convert a loan into a bailment. All equitable and legal defenses shall be available to museums and archives repositories in the event of a dispute over ownership.
(c) In cases of disputed ownership of loaned property, a museum or archives repository may maintain possession of loaned property during the dispute and shall not be held liable for its refusal to surrender loaned property in its possession except in reliance upon a court order or judgment. (2015-218, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 121 - Archives and History
Article 5 - Museum and Archives Repository Property.
§ 121-50 - Legislative findings and declaration.
§ 121-52 - Acquisition of title to loaned property.
§ 121-53 - Disputed ownership.
§ 121-54 - Responsibilities of owners of loaned property; representation of ownership.
§ 121-55 - Museum or archives repository's lien for expenses.