Unfortunately Amanda, this there is no real answer for that question.
Abandoned Property statutes do not come into play for "found" objects, but
legally/ethically you do not really have clear title.  It is believed to be
the museum's but you can not be sure.  All my sources indicate that you
should seek legal guidance for this type of deaccession activity.

I'm sorry that I can not help more.
Tracie Evans

Tracie Evans
Collections Manager
Texas Ranger Hall of Fame and Museum
[log in to unmask]
PO Box 2570 Waco TX 76702
254/750-8631


> -----Original Message-----
> From: Amanda Thompson [SMTP:[log in to unmask]]
> Sent: Wednesday, October 13, 2004 9:35 AM
> To:   [log in to unmask]
> Subject:      Re: abandoned property
>
> Actually, I was wondering what the standard is for disposing of "found in
> collection" items that a museum does not want.  Can the museum
> legally/ethically throw away objects if it is uncertain whether or not the
> museum actually owns them?
>
> Amanda Dyer
> Bell County Museum
>
> -----Original Message-----
> From: Museum discussion list [mailto:[log in to unmask]]On
> Behalf Of Tracie Evans
> Sent: Tuesday, October 12, 2004 2:56 PM
> To: [log in to unmask]
> Subject: Re: abandoned property
>
>
> Amanda-
> For items that have no known paperwork, they are declared "Found in
> Collections"  and are the property of the museum.  The abandoned property
> statute does not apply since you do not know the donor.  Most
> organizations
> will accession them with the donor noted as "Found in Collections" so that
> if information comes to light later on, this item can be reconnected with
> its muniment at a later date.  If then, no clear ownership can be
> established, then the abandoned property statute would come into play.
>
> If you would like to discuss this more fully I would be happy to talk to
> you
> about it.  Feel free to call or email me.  Also, I am doing a basic
> registration refresher class on Friday, October 15, here in Waco if you
> would like to come you are more than welcome.  Feel free to contact me for
> details.
>
> Sincerely,
> Tracie Evans
> Collections Manager
> Texas Ranger Hall of Fame and Museum
> [log in to unmask]
> PO Box 2570 Waco TX 76702
> 254/750-8631
>
>
> > -----Original Message-----
> > From: Amanda Thompson [SMTP:[log in to unmask]]
> > Sent: Tuesday, October 12, 2004 2:34 PM
> > To:   [log in to unmask]
> > Subject:      abandoned property
> >
> > Hello All:
> >
> > I have a question re: "orphaned collections," aka "found in collection"
> > items.  According to the Texas Property Code, Chapter 80, a museum can
> > begin the process of gaining ownership of abandoned property (a donation
> > that was never actually completed or an expired/permanent loan) by
> marking
> > the date that the object is declared "abandoned," waiting 15 years w/o
> any
> > contact from the owner, then 1) declaring notice in the newspapers of
> the
> > county of the museum and the county of the last known address of the
> owner
> > at least once per week for 2 consecutive weeks, or 2) sending a letter
> w/
> > proof of receipt.  If the owner still has not contacted the museum
> within
> > 65 days after the last notice given, then the museum may "claim" the
> > property.
> >
> > That's all fine & dandy, but here is my question:  What is the procedure
> > when the museum has absolutely no idea who donated the object (if indeed
> > it is a donation and not an undocumented loan) or from where it came?
> > (There are many artifacts in the collections of the museum that are
> > considered "old collections" and have been at the museum for as long as
> > anyone who is still alive can remember.)
> >
> > If there is no known donor or lender, then notice obviously cannot be
> sent
> > in a letter, nor can it be placed in the newspaper of the owners last
> > known county.  So, since the museum doesn't have legal ownership of the
> > object, it cannot be accessioned, deaccessioned, disposed of, or loaned.
> > Have any of you ever dealt with a similar situation?  Even if you aren't
> > in Texas, I would be very interested in hearing your ideas/thoughts.
> >
> > Thanks,
> > Amanda Dyer
> > Bell County Museum
> > Belton, TX
> >
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