Abandoned Property and Unclaimed Loan Policy
Sometimes loans held by the Museum are not retrieved by the lender. If the lender cannot be located or identified, the Museum follows a specific policy and procedures that protect the Museum and the lender by allowing the Museum to perform actions on the object such as conservation; to use the object in ways that would ordinarily require lender permission; and to dispose of the objects in accordance with the Deaccession Policy, Part A, #8, and the Illinois Compiled Statutes Museum Disposition of Property Act 765 ILCS 1033.
Responsibility for Handling Abandoned Property and Unclaimed Loans
The Director is ultimately responsible for the legal status and disposition of abandoned property and unclaimed loans. The Registrar institutes and oversees a legally appropriate course of action to resolve all instances of abandoned property and unclaimed loans either by returning to the lender or by acquiring title for the Museum. The Registrar keeps the Director apprised of developments in resolving abandoned property and unclaimed loans and confers with the Director as needed. Once legal title is acquired, the object may be used, accessioned into one of the Museum’s collections, or deaccessioned according to Museum policy. The Assistant Registrar for Acquisitions plays a key role in identifying, researching, documenting, and implementing recommendations regarding abandoned property and unclaimed loans.
Expired and Indefinite or Permanent Loans
If a loan has expired, the Registrar or Assistant Registrar for Acquisitions will make all reasonable attempts to contact the lender, or the heir to the lender, to renew or return the loan as consistent with the Incoming Loan Policy.
If a loan is an indefinite loan, the Registrar or Assistant Registrar for Acquisitions will make a reasonable effort to contact the lender, or heir to the lender, to establish a new loan agreement with a defined loan period of not more than five years or to return the loan.
The date and the nature of such efforts are documented and preserved in the Source/Donor Files. This includes all physical documentation such as correspondence, e-mail, mail that is returned to the sender, receipts for registered mail, etc. Verbal or phone correspondence is summarized by the individual attempting to make contact and should include names, dates, and phone numbers dialed.
Related Policy:
Abandoned Loans
If the Registrar or Assistant Registrar for Acquisitions cannot identify the lender, or the heir to the lender, and/or is unable to contact or locate the lender, the loan is considered abandoned. The Museum may pursue the resolution of abandoned loans by following the procedure as outlined in the Illinois Compiled Statutes Museum Disposition of Property Act 765 ILCS 1033
In order to proceed with acquiring title to the object, the Museum must give notice. The Illinois Compiled Statutes Museum Disposition of Property Act 765 ILCS 1033 dictates notice requirements including mail notification and publication of notice. If the lender does not respond to the notice within one year, the loan can be terminated and the Museum acquires title. If the lender responds but does not collect the property within 90 days from the date of his or her response, the Museum may rent storage space for the objects at the expense of the lender.
If the Museum notifies the lender, or heir of the lender, of its intent to terminate the loan prior to the end date for the loan and the lender does not respond for more than two years, the loan becomes a donation and the lender can no longer take legal action to recover the objects; see the Illinois Compiled Statutes Museum Disposition of Property Act 765 ILCS 1033, Sec. 40, (b).
If the expiration date of the last written contract between the Museum and lender is more than two years overdue, the loan is considered to be a donation and the lender can no longer take legal action to recover the objects; see the Illinois Compiled Statutes Museum Disposition of Property Act 765 ILCS 1033, Sec. 40, (c).
If loan objects are lost or damaged and the lender is notified but does not respond or take action for more than two years after notification, the lender can no longer collect damages; see Illinois Compiled Statutes Museum Disposition of Property Act 765 ILCS 1033, Sec. 40, (a).
Allowances for High-Risk Objects
If immediate conservation action or disposal of objects on loan is required to protect the objects on loan, other objects in the Museum collection, or if the loan objects have become a hazard to health and safety, the statutes make allowances for the Museum staff to take immediate action; see Illinois Compiled Statutes Museum Disposition of Property Act 765 ILCS 1033, Sec. 20.