[Bcma-l] Abandoned Piano
bcma-l@museumsassn.bc.ca
bcma-l@museumsassn.bc.ca
Wed, 30 Jul 2008 17:35:47 -0500
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The only lawful way for disposal of unclaimed objects is outlined by
section 19 of the Heritage Conservation Act of British Columbia:
http://www.qp.gov.bc.ca/statreg/stat/h/96187_01.htm#section19
Unclaimed objects in heritage collections
19 (1) A public museum, archive or other heritage conservation
organization that has possession of an object that it does not own, or is
uncertain as to whether it owns, may apply to the Supreme Court for an
order vesting ownership of the object in the museum, archive or
organization if one of the following applies:
(a) a reasonable attempt has been made to locate the owner of the object
and
(i) at least 25 years have passed since the making of a written
agreement with the owner of the object for custody of the object, or
(ii) at least 10 years have passed since the making of an oral agreement
with the owner of the object for custody of the object and there is no
known written custody agreement;
(b) at least 2 years have passed since the museum, archive or
organization gave to the owner of the object a notice of the termination
of a custody agreement with respect to the object;
(c) the owner of the object cannot be identified or the circumstances of
the acquisition of the object are not known;
(d) the object was acquired from a person who may not have been the true
owner.
(2) On application under subsection (1), the court may, with respect to
the object that is the subject of the application, make an order vesting
ownership of the object in
(a) the museum, archive or organization that made the application, or
(b) any other party the court considers is the most appropriate to own
the object having regard to any heritage value the object may possess.
(3) Before making an order under subsection (2), the court must be
satisfied that
(a) a requirement of subsection (1) has been met,
(b) the limitation in subsection (6) does not apply,
(c) a reasonable attempt has been made to notify any other parties who
may have an interest in the application, and
(d) all parties the court considers to have an interest in the
application have been given a reasonable opportunity to be heard.
(4) An order under subsection (2) may include any terms or conditions
that the court considers appropriate.
(5) If an order vesting ownership is made under this section, the
previous owner has no further claim to ownership of the object or to
compensation for the object.
(6) This section does not apply to an object that has cultural heritage
value to an aboriginal people.
----- Original Message -----
From: bcma-l-admin@museumsassn.bc.ca
To: bcma-l@museumsassn.bc.ca
Subject: [Bcma-l] Abandoned Piano
Date: Wed, 30 Jul 2008 09:10:25 -0700
Hello,
The BC Forest Discovery Centre has an upright piano that is not
accessioned
into the collection, but has been stored here for many years. We are
unable
to locate the name or contact information for the owner, and the
owner has
not contacted to Centre in several years or longer. We would like to
dispose of the piano but are not sure of how to do so. Has anyone
dealt
with a similar situation before? We would like to send the piano off
to a
good home and free up storage space here, but are wondering what our
obligations are for locating the owner before we get rid of it.
Thank you!
Sincerely,
Aimee Greenaway
Program and Collections Coordinator
BC Forest Discovery Centre
Duncan, BC
250 715-1113 ext 25
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<DIV>The only lawful way for disposal of unclaimed objects is outlined by s=
ection 19 of the Heritage Conservation Act of British Columbia:</DIV>
<DIV>
<DIV class=3Dsection>
<H4><A href=3D"http://www.qp.gov.bc.ca/statreg/stat/h/96187_01.htm#section1=
9">http://www.qp.gov.bc.ca/statreg/stat/h/96187_01.htm#section19</A></H4>
<H4>Unclaimed objects in heritage collections </H4>
<P class=3Dsec2><SPAN class=3Dsecno><STRONG><SPAN field=3D"sectionnumber">1=
9</SPAN></STRONG></SPAN> (1) A public museum, archive or other =
heritage conservation organization that has possession of an object that it=
does not own, or is uncertain as to whether it owns, may apply to the Supr=
eme Court for an order vesting ownership of the object in the museum, archi=
ve or organization if one of the following applies: </P>
<P class=3Dpara>(a) a reasonable attempt has been made to locate the o=
wner of the object and</P>
<P class=3Dsubpara>(i) at least 25 years have passed since the making=
of a written agreement with the owner of the object for custody of the obj=
ect, or </P>
<P class=3Dsubpara>(ii) at least 10 years have passed since the makin=
g of an oral agreement with the owner of the object for custody of the obje=
ct and there is no known written custody agreement; </P>
<P class=3Dpara>(b) at least 2 years have passed since the museum, arc=
hive or organization gave to the owner of the object a notice of the termin=
ation of a custody agreement with respect to the object; </P>
<P class=3Dpara>(c) the owner of the object cannot be identified or th=
e circumstances of the acquisition of the object are not known;</P>
<P class=3Dpara>(d) the object was acquired from a person who may not =
have been the true owner.</P>
<P class=3Dsub>(2) On application under subsection (1), the cour=
t may, with respect to the object that is the subject of the application, m=
ake an order vesting ownership of the object in </P>
<P class=3Dpara>(a) the museum, archive or organization that made the =
application, or</P>
<P class=3Dpara>(b) any other party the court considers is the most ap=
propriate to own the object having regard to any heritage value the object =
may possess. </P>
<P class=3Dsub>(3) Before making an order under subsection (2), =
the court must be satisfied that</P>
<P class=3Dpara>(a) a requirement of subsection (1) has been met,=
</P>
<P class=3Dpara>(b) the limitation in subsection (6) does not app=
ly,</P>
<P class=3Dpara>(c) a reasonable attempt has been made to notify any o=
ther parties who may have an interest in the application, and</P>
<P class=3Dpara>(d) all parties the court considers to have an interes=
t in the application have been given a reasonable opportunity to be heard.<=
/P>
<P class=3Dsub>(4) An order under subsection (2) may include any=
terms or conditions that the court considers appropriate.</P>
<P class=3Dsub>(5) If an order vesting ownership is made under this s=
ection, the previous owner has no further claim to ownership of the object =
or to compensation for the object. </P>
<P class=3Dsub>(6) This section does not apply to an object that has =
cultural heritage value to an aboriginal people.</P></DIV><BR><BR></DIV>
<BLOCKQUOTE style=3D"PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #101=
0ff 2px solid">----- Original Message -----<BR>From: bcma-l-admin@museumsas=
sn.bc.ca<BR>To: bcma-l@museumsassn.bc.ca<BR>Subject: [Bcma-l] Abandoned Pia=
no<BR>Date: Wed, 30 Jul 2008 09:10:25 -0700<BR><BR><BR>Hello,<BR><BR>The BC=
Forest Discovery Centre has an upright piano that is not accessioned<BR>in=
to the collection, but has been stored here for many years. We are unable<B=
R>to locate the name or contact information for the owner, and the owner ha=
s<BR>not contacted to Centre in several years or longer. We would like to<B=
R>dispose of the piano but are not sure of how to do so. Has anyone dealt<B=
R>with a similar situation before? We would like to send the piano off to a=
<BR>good home and free up storage space here, but are wondering what our<BR=
>obligations are for locating the owner before we get rid of it.<BR><BR>Tha=
nk you!<BR><BR>Sincerely,<BR><BR>Aimee Greenaway<BR>Program and Collections=
Coordinator<BR>BC Forest Discovery Centre<BR>Duncan, BC<BR>250 715-1113 ex=
t 25<BR>No virus found in this outgoing message.<BR>Checked by AVG.<BR>Vers=
ion: 7.5.524 / Virus Database: 270.5.7/1581 - Release Date: 30/07/2008<BR>6=
:56 AM<BR><BR>_______________________________________________<BR>Bcma-l mai=
ling list<BR>Bcma-l@museumsassn.bc.ca<BR>http://hp.bccna.bc.ca/mailman/list=
info/bcma-l<BR></BLOCKQUOTE><BR>
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