Found in Collections ~ Abandoned Property Process

Background on the Abandoned Property Process 

The Old Stone House Museum (OSHM), operated by the Orleans County Historical Society is continuing through the process of inventorying its collection and determining ownership of all objects. This is no small task as there are over 75,000 items in the collection! Where there is a question about the ownership of an object, the OSHM will follow the “abandoned property” process that is outlined in Vermont Statute. 

What does “found in collection” mean? 

An object is labeled “found in collection” if we have possession/control of it, but we do not have documentation about the object being donated to the museum. 

Where we have documentation, an object can be “accessioned” by the OSHM and accepted into the collection. 

Without clear documentation, the OSHM’s legal ownership of the object may be called into question. 

Why does the OSHM have undocumented artifacts? 

Since the Orleans County Historical Society (OCHS) acquired the Old Stone House in 1917, it has collected artifacts from many sources. The collection contains thousands of artifacts. Many of these were received with little or no documentation, during a time when collection standards were not as comprehensive as today. In fact, many of the laws that govern museums today were not even written when the OCHS and others began collecting. 

Why is documentation of legal ownership important? 

Museums have an obligation to maintain records about the history of objects (“provenance“), which can be critical to understanding their importance. With clear title, the OSHM has the authority to accession, deaccession, display, loan, use for educational purposes, conserve, and repair objects. Without that clear title, the OSHM cannot take any of these actions. 

Over time, the museum’s mission and the purpose for its collecting has evolved. In the first years of its existence, the OSHM literally accepted anything “old” from Orleans County towns. Many of these objects may no longer be pertinent to our current scope of collections. If we want to “deaccession” an object, we must have clear title. 

The OSHM Collections Management Policy (4/13/2023) outlines the following scope in its Collecting Plan: 

The collections of the OCHS and Old Stone House Museum relate to the history of Orleans County from the earliest human inhabitants to the present and are for exhibition, research, and educational purposes. Particular emphasis is placed on collecting items relating to the history of the Orleans County Grammar School, nineteenth century education and daily life, and Alexander Twilight and Samuel Read Hall. 

How does a museum obtain clear title to an object? 

In 2008, Vermont passed Vermont Statutes Title 27: Chapter 12 – Museum Property 

(https://legislature.vermont.gov/statutes/fullchapter/27/012), which sets forth the specific steps required for a museum to acquire clear title to objects for which it has insufficient documentation of ownership:  

A museum shall mail by certified mail, return receipt requested, written notice to the last known owner at the most recent address. If the museum has no record of the owner or owner’s address, or the museum has not received written proof of receipt of the mailed notice within 30 days after mailing, the museum shall publish at least one notice each month for three consecutive months in the principal newspaper of general circulation in the county where the museum is located and the county of the last known address of the owner. 

The notice must be entitled “Notice of Abandonment“, and contain a clear description of the property; the last known name and address of the owner; a request that any person who has any knowledge of the whereabouts of the owner provide written notice to the museum; the name and address of the museum; the name, address, and contact information of the person to be contacted regarding the property; and a statement that if written assertion of title is not presented by the owner to the museum within 180 days after the date of the final published notice, the property shall be considered abandoned or donated and shall become the property of the OSHM. 

In accordance with the law, the OSHM will begin placing notices in the Chronicle. When someone comes forward with a claim, it is the responsibility of the claimant to prove ownership. If we are presented with proof of ownership, then we will request a signed Deed of Gift or return the item, as the donor wishes. If no one comes forward, then the OSHM will have clear title once the noticing process is completed. 

Why is the newspaper advertisement entitled “Notice of Abandonment“? 

The Vermont Statute requires us to use this language. Unfortunately, this can cause people to think that the museum is abandoning the property. However, the language essentially refers to the previous owner’s abandoning the property (ie. donating or loaning without retrieval) to the museum. Acquiring clear title does not mean that the OSHM has made a decision about the final disposition of the object. It only means that the OSHM is using this process to establish ownership. 

What happens when an object is deaccessioned? 

Deaccessioning does not mean an object is being thrown away. An object may be moved to an education collection, to be used for hands–on activities, where the objective is no longer permanent preservation of the item. 

Per the OSHM’s Collections Management Policy, an object can be deaccessioned only after staff initiate a recommendation to the Director, who makes a recommendation to the Collections Committee, who make a recommendation to the Board of Trustees, and a majority vote of the Board. 

Any artifact, archival material, or special collection item proposed for deaccessioning must meet at least one of the following criteria: 

It is not relevant and useful to the mission and activities of the OCHS or the Museum; 

• It is duplicated in the collection and the duplicate is of superior quality and/or provenance; 
• It has deteriorated beyond usefulness and cannot be restored or exhibited; 
• It is the subject of irreversible deterioration or infestation and may imperil the condition of other artifacts in collections and on exhibit;
• It poses a physical hazard or is dangerous to the health of museum personnel.
• It is not original or is a copy of material(s) owned by another repository. 

Removal of the object may only take place after a vote to deaccession by the Board of Trustees, in one of the following ways: 

Return item(s) to their original donor 

• Place in the Programmatic (education) or Utility (e.g. office furniture) Collection 
• Exchange or transfer to another public museum or educational institution 
• Sell at public auction 
• Sell privately through sealed bid 
• Discard or destroy, with documentation, objects of no interpretive or monetary value to the Museum or other institution; or those which pose a physical hazard or are dangerous to the health of museum personnel. 

A record of the deaccession and the method of disposition shall be retained as part of the object’s file.