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This entry was published on 2014-09-22
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SECTION 19.24
Conservation of loaned property
Parks, Recreation and Historic Preservation (PAR) CHAPTER 36-B, TITLE C, ARTICLE 19-A
§ 19.24 Conservation of loaned property. 1. Unless there is a written
loan agreement to the contrary, the office may apply conservation
measures to property on loan to the office without giving formal notice
or first obtaining the lender's permission if action is required to
protect the property on loan or other property in the custody of the
office or if the property on loan is a hazard to the health and safety
of the public or the office staff, provided that:

(a) the office is unable to reach the lender at the lender's last
known address or telephone number before the time the office determines
action is necessary; or

(b) the lender either (i) does not respond to a request for permission
to apply conservation measures made pursuant to section 19.22 of this
article within three days of receiving the request or will not agree to
the conservation measures the office recommends or (ii) fails to
terminate the loan and either retrieve the property or arrange for its
isolation and retrieval within thirty days of receiving the request.

If immediate conservation measures are necessary to protect the
property or other property in the custody of the office or to protect
the health or safety of the public or the office staff, the conditions
set forth in paragraphs (a) and (b) of this subdivision shall not apply.

2. Unless provided otherwise in an agreement with the lender, if the
office applies conservation measures to property under subdivision one
of this section, and such measures were not required as a result of the
office's own action or inaction, the office shall acquire a lien on the
property in the amount of the costs incurred by the office, including,
but not limited to the cost of labor and materials, and shall not be
liable for injury to or loss of the property, provided that the office:

(a) 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 office, or that the property on loan was a hazard
to the health and safety of the public or the office staff; and

(b) exercised reasonable care in the choice and application of
conservation measures.