An Act Regarding Property Deposited with Museums and Historical Societies
Maine Legislature, Session 125, LD 1038
Committee: Education and Cultural Affairs
Sponsors: RICHARDSON, HARMON, JOHNSON, MITCHELL, PILON
Amends: 27 MRSA §601

Legislative Document 
No. 1038 
H.P. 772 
House of Representatives, March 10, 2011 
An Act Regarding Property Deposited with Museums and Historical 
Societies 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative RICHARDSON of Carmel. 
Cosponsored by Representatives: HARMON of Palermo, JOHNSON of Greenville, 
MITCHELL of the Penobscot Nation, PILON of Saco. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  27 MRSA §601, as amended by PL 2003, c. 20, Pt. T, §16, is further 
amended to read: 
§601.  Property deposited with museums 
1.  Property to be considered abandoned; definition.  Any property tangible 
collection material held by a museum or historical society within the State that is held for 
3 years or more without a written loan agreement, or after expiration of a written loan 
agreement, and to which no a person has not made claim is deemed considered to be 
abandoned and, notwithstanding Title 33, chapter 41, becomes the property of the 
museum or society, provided that as long as the value of the material is less than $50 or 
the museum or society has complied with subsection 2. 
As used in this section, "museum" includes, but is not limited to, historical societies, 
historic sites, landmarks, parks, archives, monuments, botanical gardens, arboretums, 
zoos, nature centers, planetariums, aquariums, libraries, technology centers and art, 
history, science and natural history museums. 
2.  Notice.  The With respect to property under subsection 1 with a value of $50 or 
greater, for the property to become the property of the museum, the museum or society 
shall first exercise due diligence in attempting to notify the owner via certified mail, 
return receipt requested, to the owner's last known address and via electronic 
communication if appropriate.  If an address is unavailable or these attempts fail, the 
museum shall cause to be published in at least one newspaper of general circulation in the 
county in which the museum or society is located at least once a week for 2 consecutive 
weeks a notice and listing of the property.  The notice must contain: 
A.  The name and last known address, if any, of the last known owner of the 
property; 
B.  A description of the property; and 
C.  A statement that if proof of claim is not presented by the current owner to the 
museum or society and if the owner's right to receive the property is not established 
to the museum's or society's satisfaction within 65 days from the date of the 2nd 
published notice, the property will be deemed is considered abandoned and become 
becomes the property of the museum or society.; 
D.  The date of the loan of the property, if known, or the approximate date the 
property came into the custody of the museum; 
E.  The name of the museum; and 
F.  The name, address and contact information of the appropriate museum official or 
office to be contacted regarding the property. 
3.  Title to property.  If property is abandoned under subsection 1, including 
property with respect to which notice under subsection 2 is required if no claim has been 
made to the property within 65 days from the date of the 2nd published notice, title to the 
property shall vest vests in the museum or society, free from all claims of the owner and 
of all persons claiming through or under him the owner. 
4.  Emergency conservation measures.  Unless a written loan agreement provides 
otherwise, a museum may apply conservation measures to, or dispose of, undocumented 
property or property on loan to the museum without the owner's permission if: 
A.  Immediate action is required to protect the undocumented property or property on 
loan; or 
B.  The undocumented property or the property on loan has become a hazard to the 
health or safety of the public or to the museum's staff and at least one of the following 
applies: 
(1)  The property poses an immediate risk of harm to the museum's staff or 
collection or to the general public, in which case the museum may dispose of the 
property without delay and shall notify the owner of the action taken within 30 
days; 
(2)  The museum is unable to reach the owner through available means of 
communication and action with respect to the property is necessary within 30 
days; and 
(3)  The museum contacts the owner and the owner does not agree to the 
protective measures the museum recommends and does not, or is unable to, 
terminate the loan and collect the property within the time the museum 
determines the action is necessary. 
5.  Protection for reasonable actions.  Unless a written loan agreement provides 
otherwise, a museum that applies conservation measures to or disposes of loaned property 
in accordance with subsection 4: 
A.  Shall acquire and may enforce a lien on the loaned property in the amount of the 
costs incurred by the museum; 
B.  Is not liable to the owner for damage to, or loss of, the loaned property as long as 
the museum had a reasonable belief at the time the action was taken that the action 
was necessary; and 
C.  Is not liable to the owner for damage to, or loss of, the loaned property due to 
conservation measures applied, as long as the museum exercised reasonable care in 
choosing and applying the conservation measures. 
SUMMARY 
This bill reduces storage and insurance costs for museums and historical societies by 
reducing by 22 years the period that abandoned property must be held before title may be 
taken.  The bill adopts the American Association of Museums definition of "museum," 
clarifies the rights of those lending tangible collection materials to museums and protects 
museums exercising due diligence in emergency situations.