No, no, no.
Just becuase it has been in a museum's possession for decades does not mean it belongs to that museum and that a state's laws regarding abandoned property are not in effect.
While the museum may not have documentation of a loan agreement, the donor or the donor's heirs might. If a museum assumes ownership and the donor/heirs come calling the next day demanding the return of the loaned item, their documentation will override a msueum's assumption in any court. Why? Because they have it on paper, and the museum does not. The court would then order the museum to return the object to the legal owner (the lender or heirs).
Each state will vary in its abandoned property laws. It is the responsiblitity of all museums to be familiar with their state's abandoned property laws. In the state of Indiana, abandoned property is strictly regulated. Indiana addresses the following issues regarding property specifically loaned to museums ("Property loaned to museums," Chapter 10 of Indiana Code):
1. definitions of: lender, lender's address, loan, museum, permanent loan, person, property, undocumented property. (IC 32-9-10-1 to IC 32-9-10-8)
2. mailing of notice (IC 32-9-10-9)
3. notice by publication (IC 32-9-10-10)
4. notice's contents (IC 32-9-10-11)
5. property on permanent loan or loaned for specified time; notice of termination of loan; notice of intent to preserve interests; transfer of title (IC 32-9-10-12)
6. undocumented property; notice of asserting title; notice of intent to retain interest; acquisition of title (IC 32-9-10-13)
7. conservation measures; application without permission of lender of formal notice (IC 32-9-10-14)
8. conservation meaures; liens; liability of museum (IC 32-9-10-15)
9. presumption of gift to museum; time to claim ownership (IC 32-9-10-16)
Susannah -
Know the law. (I photocopied Indiana's property and museum laws, and keep it in a binder marked "Legal Issues" at my desk for easy reference.) You should be able to locate a set of current state code books at any public library's reference section. Or call your state attorney general for guidance.
Also, get a copy of Marie Malaro's A Legal Primer on Managing Museum Collections. She addresses nearly every concievable legal situation that a museum could possibly find itself in. She also includes case law involving museums as examples. AAM carries this book.
Lastly, find experienced registrars and collections managers in your state and get to know them. Registrars and collections managers deal with state and federal law on a daily basis. And join your regional registrar's committee and RC-AAM. They can guide and help you with any questions you might have regarding collections management.
Lana Newhart-Kellen
Registrar
Conner Prairie Living History Museum
13400 Allisonville Road
Fishers IN 46038
317-776-6000 ext. 251
317-776-6014 fax
>>> [log in to unmask] 05/20/04 07:47AM >>>
At this point the objects can be considered to be yours. If there is no loan
agreement, and if you are not in violation of any agreement that has been
documented, then the concept of "abandonment" comes into play. After a
certain point, if someone has not claimed their property it is considered
abandoned and as holder of the property you own it. If the descendent makes
any trouble you cold always try to collect "storage fees" for the
intervening four decades. Don't expect that you will have any problems
unless the objects are monetarily very valuable. Ask an attorney for
definitive answers in your state.
Cheers, -Nicholas
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]]On Behalf
Of Susannah West
Sent: Thursday, May 20, 2004 3:31 AM
To: [log in to unmask]
Subject: Re: Requests to Rescind Donations
I'm so glad this topic has come up, because it is something that has been
really concerning me lately. We have several items in our collections
that were LOANED, apparently in the early 1960s, which don't have any loan
agreement documentation associated with them as far as anyone knows (or if
there was, it's gone missing). A couple of years ago, a descendant of the
original lender wanted to see these items (which ARE on display, as we have
absolutely no storage space) but wasn't able to as the museum was closed
at the time. I have since tried to contact her, but received no
response. I have a nightmare that she will show up and demand them back.
I brought up this concern to our Board of Directors, and it came as a total
surprise to them that these items were on loan rather than the property of
the Ohio Historical Society. I've queried the Ohio Historical Society, and
have gotten the advice that I should probably "let sleeping dogs lie." But
what happens when the dogs wake up?!
Susannah West
John Rankin House, Ripley, Ohio
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