Public Preservation Of Public Heritage Assets

Historic treasures and artifacts are often donated to or purchased by other nations to place in their museums. Often museums are given the objects with full cooperation from the originating country, but sometimes they are stolen or given for protection such as in a time of war. When nations want the artifacts returned it can cause a disagreement with the other nations of who the rightful owner is.

Q17. Would changing the asset definition in the conceptual framework to one concerned with property rights have any other ramifications? Discuss.

Although a cultural center for entertainment and education, a museum is, at its core, a business. Being such, it must operate as such. Obtaining and maintaining valuable artifacts is expensive; procurement, transportation, upkeep, and security are some of the many costs involved. The revenue generated by the museum has to be sufficient enough to cover these large expenses. For that reason, the cost-effectiveness of a piece must be considered. A famous piece, such as the Mona Lisa, will

"Property being an inviolable and sacred right, no one may be deprived of it except when public necessity..."

To begin with, looking at the sandstone model we can then identify its status and ownership through its classification being established as either moveable or heritable. However, if the structure is held to be moveable in nature and subject to accession it would become the property of Lisa . The case of Zahnrad Fabrik Passau GmbH v Terex Ltd. When looking at cases surrounding moveable property, ‘diminution of efficiency’ may result as the test of accession . With this in mind, and applied to James’ case, the folly ‘rests on its own weight although the site had obviously been prepared for it’, it is further established that the folly is in one part, and needed to be removed by a crane to be replaced by a replica model due to ‘substantial damage’. It can be easily established that the folly has been in situ for a considerable amount of time and as illustrated in the case facts ‘The plot was very overgrown’ it was only after considerable landscaping

National monuments were originally designed to protect things that were of historic or scientific interest. Although now and days we tend to perceive national monuments as part of our countries heritage; they allow us to display the respect and recognition that we have towards our country and the individuals who sacrificed a great deal in order for us to live comfortably in this wonderful country. The antiquities grant of 1906 gave the president the authority to designate national monuments and since then the president and congress have created more than 100 national monuments. The various agencies that manage national monuments are the National Park Service, Forest Service, Fish and Wildlife Service, or BLM.

This may seem controversial as some people may not be able to understand how public parks benefit anyone. Public parks may seem purely aesthetic and ornamental, adding no true value to society, therefore some would argue that the government has no justification for taking their property.

In Brown’s Provisional Constitution, Article XXVIII: Property states, “All captured or confiscated property, and all property the product of the labor of those belonging to this organization and of their families, shall be held as the property of the whole, equally, without distinction; and may be used for the common benefit, or disposed of for the same object;” (Earle, 2008)

According to the author, there is a fundamental difference between public property and public space. Property stands for more of a geometry represented in a map and space requires accessible properties and people. Also, there are two types of gardens within

James Madison once said, “The rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted.” In the time of the Founders property was a luxury that not every

Property has always played an important role in the life of an individual, community and country. The practical significance of the property lies in the fact that it enables us at least the necessities and amenities of the routine life if not the means of comfort. The property rights give the successor a way to overcome the sufferings and to fight the battle of their lives.

King Island Council is custodian of an extensive range of community assets that it provides to facilitate the delivery of its services to the community. Buildings are an important component of Council’s asset portfolio. In order to facilitate the provision of its services to the community, KI Council manages an extensive range of community assets and one of the more significant asset groups are buildings. In developing this plan, it was identified that Council’s interests historically (and in line with community’s expectations) extended beyond Council owned assets to other community facilities. The purpose of this Buildings Asset Management Plan is to:

The power of government to take private property for “public use” is known as eminent domain, which may be found in the 5th amendment of the Constitution. Various positive impacts come out of using eminent domain, such as new roads, schools, and hospitals, nevertheless it stills has its negative impacts on an individual’s life. Many family homes would be demolished from this type of government policy. I believe that eminent domain should only be used for public uses and not the advantages of taking property for commercial use. Therefore, I defend the rights of the homeowner when it comes to eminent domain.

gallery owner or the museum curator that lend their capital—in the form of the exhibition

The Cambridge Dictionary Online defined museums as “places of study, buildings where objects of historical, scientific or artistic interest are kept, preserved and exhibited”. To The Museums Association, a museum is “an institution which collects documents, preserves, exhibits and interprets material evidence and associated information for the public benefit”. Since 1998, this definition has changed. Museums now enable the public to explore collections for inspiration, learning and enjoyment. They are institutions that collect, safeguard and make accessible artefacts and specimens, which they hold in trust for society. Mike Wallace (1996) categorised museums into four distinct types, namely National Museums that hold collection of