Background
Museums and historical societies across Oregon are faced with challenges gaining title to collection materials. Collection objects might lack documentation or deeds of gift, unsolicited objects might have been left at or mailed to the museum, or lenders might no longer be reachable. Each of these scenarios can make it difficult for museums to fulfill their ethical and legal responsibilities as caretakers of the collection.
Current Oregon statute (ORS 348.415- 358.440) outlines the legal process by which a museum can gain title to collection materials in their possession that are “loans,” defined as “all deposits of property with a museum that are not accompanied by a transfer of title to the property.” This definition includes all unsolicited deposits and objects found in collection, in addition to documented loans. The law as currently written creates significant time, cost, and paperwork burdens for museums. This often results in museums opting not to claim title to collections objects, and instead leaves the objects in limbo.
Members of Oregon’s museum community seek to update the statue. A small group of museum community-members have spent the past 6 months researching other state laws and have drafted a plain language proposal for new legislation. This group consists of representatives from Oregon Museums Association, Oregon Historical Society, the Oregon Heritage Commission, and a museum volunteer and consultant.
The following changes to the statute are proposed:
- Distinguish between different types of abandoned property, and create methods for claiming title appropriate for each type of property: expired or indefinite loans, unsolicited deposits (doorstep donations), and undocumented property (Found in Collection)
- Allow more flexible options for public notice that reflect the way museums interact with the public today
- Shorten the statute of limitation for a legal owner to reclaim abandoned property from 25 years to 7 years
- Add a holding period before public notice of intent to claim title, and significantly shorten holding period after public notice
- Add requirements for lenders to notify museums of changes in ownership and contact information. Museums rarely change location, but lenders regularly do
- Allow museums to apply emergency conservation measures to objects with reasonable notice to lenders, and to hold a lien for the costs of that conservation
- Require that proceeds from sales of collections objects be used for care of existing collections or acquisition of new objects
This group now seeks feedback from the greater community to identify any issues or concerns, and to prepare for introduction of the legislation in the 2027 session.
You can submit feedback by following this link.
Background Materials
- Oregon Laws Regarding Abandoned Loans (Current Statute)
- Draft of Proposed Statute
- Undocumented Property Flow Chart
- Unsolicited Deposits Flow Chart
- Loans Flow Chart
Frequently Asked Questions – Proposed Revisions to Oregon Museum Abandoned Property Law
Why do we need to revise this law?
Oregon has a law governing how museums can claim title to abandoned property. The law, as currently written, creates significant time, cost, and paperwork burdens for museums. This often results in museums opting not to claim title to collections objects, and instead leaves the objects in limbo.
What are the proposed changes to the law?
- Distinguishes between different types of abandoned property, and creates methods for claiming title appropriate for each type of property: expired or indefinite loans, unsolicited deposits (doorstep donations), and undocumented property (Found In Collection)
- Allows more flexible options for public notice that reflect the way museums interact with the public today
- Shortens the statute of limitation for a legal owner to reclaim abandoned property from 25 years to 7 years
- Adds a holding period before public notice of intent to claim title, and significantly shortens holding period after public notice
- Adds requirements for lenders to notify museums of changes in ownership and contact information. Museums rarely change locations, but lenders regularly do
- Allows museums to apply emergency conservation measures to objects with reasonable notice to lenders, and to hold a lien for the costs of that conservation
- Requires that proceeds from sales of collections objects be used for care of existing collections or acquisition of new objects
How does this compare to what other states are doing?
Most (not all) states have some sort of abandoned property law. In recent years, museum professionals around the United States have identified issues with these laws and advocated for changes that will better reflect the realities of today’s museum collections. The group working on the proposed changes researched similar laws nationwide. Oregon’s proposed changes build on the laws that other states have implemented, adopting ideas that will balance the needs of museums and property owners.
Will this law make it harder for museums to claim title to abandoned property?
The goal of the law is to streamline the process for claiming title. For museums that are following the current law, the process will be less costly and take less time. We recognize that some museums might not be aware of the current law. The revised law might result in more work for these organizations, but by following the revised law, they will have greater legal protection.
How will museums know about the changes in the law if it is adopted?
Oregon Museums Association will facilitate education about the updated law and coordinate with state heritage groups to reach as many museums as possible.
How can I give feedback about the proposed changes?
You can view the proposed plain language text of the law and provide feedback at this link. We encourage all museums and interested parties to view the proposed law and provide feedback so the updated law is workable for museums of all sizes.
When will the revised law be adopted?
The revised law’s legislative sponsor, Rep. Emerson Levy, along with museum professionals, will begin to advocate for the law with legislators toward the end of 2026. Our goal is to introduce the law in the 2027 session.
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