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:
- A number of attempts at contacting the potential donor/lender
- A defined period of years in which you do this
- 2+ public notices within a delimited span of time
- 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