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  • 1.  Abandoned Property Law and Policy

    Posted 05-25-2023 05:17 PM

    My organization has previously allowed for potential donations to be left on-site until a decision about their acceptance has been made. For items that are not accepted, I have been having a difficult time getting in contact with the donor to pick up their donation. Now, we have several items that have been abandoned by their donor. My organization does not have an abandoned property policy and I have been unsuccessful in finding an Idaho code/statute/act/law for historical societies and museums for abandoned property. With that, I am writing an abandoned property policy for our Collections Committee to approve. Has anyone had to write one before? I know other state policies usually state to hold on to the property for 5-10 years, but we are hoping to base the duration on the number of times contacted and the time elapsed between each contact. I'm open to any suggestions! Thank you! 



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    Kaitlynn Anderson
    Curator
    Latah County Historical Society
    Moscow ID
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 2.  RE: Abandoned Property Law and Policy

    Posted 05-26-2023 10:45 AM

    Howdy Kaitlynn –

     

    The key is to have policy that is not at odds with state and local law, and that defaults to other state museum property law when other states are involved.

    Unfortunately, it appears that Idaho still lacks museum-specific codes for abandoned property, but Idaho does have general abandoned property law that you should consult so that your policy is compliant.

    Although you may want to limit your policy to a number of attempts at contact, unfortunately that dog don't hunt. I would suggest that you include four components to your policy:

     

    1. A number of attempts at contacting the potential donor/lender
    2. A defined period of years in which you do this
    3. 2+ public notices within a delimited span of time
    4. Forms documenting the above with dates, names, and receipts

     

    Those elements are part and parcel of all state museum property codes, and would likely be what your institution would be expected to follow.

     

    I think that best practice would be to follow the laws enacted for museum property in other states, and since your state lacks specific law, lean toward the more stringent.

    Why? Many states require that museums follow state law for the state in which the lender/potential donor resides, or that the more stringent of the two state laws is followed.

    In Texas, we have Property Code, Title 6A, Chapter 80, which is specific to abandoned museum loans. It has some of the lengthier time constraints among the states I have worked with. It also specifies the timing of public notices. Most states codes are very similar and the Texas law pops up on Google searches as a simple text document, so it's an easy one to start from.

     

    The essential component is documentation. Develop a form, an affidavit that records as much details about the items and their history and your efforts working with them – with DATEs and NAMEs of who did what when, so that, should you need to discard an item, it is well documented.

     

    Which brings up another point – you should consult local and state law regarding the disposal of property, assuming that you are public museum. Once you claim an abandoned item as yours, you would need to follow those rules, even if you never accession the items (it still becomes public property).

     

    I'd be happy to send you example policies, affidavit, etc. off list, if you would like.

     

    Sincerely,

     

    Chris

     

    J. Chris Sagebiel  (he/him/his), collections manager

    Texas Vertebrate Paleontology Collections

    J.J. Pickle Campus, The University of Texas

    10100 Burnet Road, VPL Bldg. 6

    Austin, Texas 78758

     




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  • 3.  RE: Abandoned Property Law and Policy

    Posted 05-26-2023 04:19 PM

    Hi Chris,

    Thank you so much for the useful information. I ended up contacting our state historical society to see how they go about this issue especially since there isn't a state code. It looks like they do more of a temporary custody approach with storage fees at the donor's expense and several communication attempts. The issue with that for my organization is that we only have 2 full-time staff members, with one being myself. We don't have designated staff that solely focuses on collections, we are often doing a little bit of everything-similar to other smaller institutions. 

    I would love to take a look at the documentation and policies that your organization utilizes. I know that verbiage is important, so I want to make sure I do it correctly. Thank you!



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    Kaitlynn Anderson
    Curator
    Latah County Historical Society
    Moscow ID
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 4.  RE: Abandoned Property Law and Policy

    Posted 05-29-2023 09:24 AM
    Another option for those institutions concerned about offending the public and potential donors, especially when there is less-professional and/or less-experienced front line staff during, for example, weekend hours is to use what at several institutions, we've called a "drop-and-run" form.  This absolves visitor front-facing staff from decision-making while gathering pertinent information AND making the potential donor feel that you've got it together and, at least, appreciate the possible donation.



    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 5.  RE: Abandoned Property Law and Policy

    Posted 05-26-2023 11:30 AM

    Hi Kaitlynn,
     This was a long time practice at our institution and caused us similar headaches, we changed the policy to absolutely no drop offs of any items for any reason. It got to the point we would rather miss out on a potentially relevant donation than deal with the headaches involved with items dropped off that had no relation to our site, as you state, trying to find owner and storing the item for years until we could properly dispose of the item.

    We request the potential donor send pictures of the item which we review and research, we have the time to consult our collection to make sure we are not duplicating existing and can get a good idea of the condition of the item. The hardest part was educating our front line staff not to accept anything, as they had previously. 



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    Brent Newman
    Chief Curator
    Edison and Ford Winter Estates
    Fort Myers FL
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 6.  RE: Abandoned Property Law and Policy

    Posted 05-26-2023 04:26 PM

    Hi Brent,

    Thank you for the information. The organization I previously worked at followed the same approach, which I actually thought worked best. However, when all of the staff wasn't on the same page or potential donors became disgruntled over this procedure, it was a big issue. Unfortunately, I don't think the same procedure would work at my current organization. Similar to other places, the community has become used to leaving items on-site and not being told to send information and pictures prior to bringing in the item. 



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    Kaitlynn Anderson
    Curator
    Latah County Historical Society
    Moscow ID
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 7.  RE: Abandoned Property Law and Policy

    Posted 05-30-2023 07:22 AM

    Hi Kaitlynn!  

    Another way to stop the flow of unwanted items is to ensure that your temporary custody procedure requires that everything dropped off has donor contact information attached, AND that the donors sign off on a policy that essentially says "I understand that if this property is not added to the collection, LCHS may dispose of the property in a  manner that supports the museum's mission." (sell, transfer, destroy, etc). For those that want to retrieve their property if not accepted, you can limit how long you will hold the item without retrieval before the same clause comes into effect (I'd say 90 days).

    For the "dispose to benefit mission" action, ensure that you've retained a lot of documentation about why the item wasn't accepted and what you did with it. This way, when the donor sends their grandchild in 2027 to see the christening dress "donated" in 2023, you can say what happened to it. 

    Solid policy and lots of documentation is the best way to [not] use Idaho's [nonexistent] abandoned property law.

    Erin. 



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    Erin Richardson PhD
    Founder and Principal
    Frank & Glory
    Cooperstown NY
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 8.  RE: Abandoned Property Law and Policy

    Posted 05-31-2023 11:43 AM

    Hi Everyone!

    Thank you so much for your useful insight! Below is the draft of the policy that will be brought in front of our Collections Committee for discussion.

    "If a donation is not accepted, the Curator will notify the donor within thirty days of the deposit date in order for the donor to reclaim their property at once. In the donor's failure to do so, the Society will contact the donor twice via postal mail, email, or phone in a thirty-day period. If the donation remains unclaimed at the end of the said thirty-day period, title to the donation vests in the Society, free of all claims of the owner and of all persons claiming through or under the owner. Donations presented to the Society prior to the enactment of this policy in the last five years shall be grandfathered in and follow said policy. In the event that the donor is deceased, the legal representative shall be contacted and provide a decision regarding the donation."



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    Kaitlynn Anderson
    Curator
    Latah County Historical Society
    Moscow ID
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 9.  RE: Abandoned Property Law and Policy

    Posted 06-01-2023 08:41 AM
    Hmmm ... I believe this will appear to potential donors as solely benefitting the museum, which you may want, but I'd advise against the language making it quite so obvious.  To wit; you are giving the museum 30 days, but the donor zero time?  You may have more people "dumping" than not, but why assume all are?

    Also, this statement, "of the owner and of all persons claiming through or under the owner," is, in my opinion, unclear.  Sounds like legalese to me.  Is that how you want to be perceived?

    And, if it is legalese, at least the grammar should be correct.  As in,  "In the event that the donor is deceased, the legal representative shall be contacted and provide a decision regarding the donation."  ...

    Might better read, " In the event that the donor is deceased, the legal representative shall be contacted to provide a decision regarding the donation."

    Finally, I think the folks who have, in this forum, suggested a sound information-gathering "drop-and-run" form with straightforward language are spot on.  Be clear, but not offensive.  Give both the museum AND the donor adequate information AND time to respond and consider.



    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more