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AUGUSTA (AP) – In response to a rising number of old public documents being sold on the Internet, the secretary of state’s office is putting out the warning that it is illegal under Maine law to sell local, county and state documents.

Officials are trying to prevent the sale of original public documents, a problem they say is on the increase with the popularity and ease of online auction sites. They are contacting traditional auctioneers and working with a national group to push changes in online auctions, as well as trying to educate the public.

“Public documents belong to the public,” Secretary of State Matthew Dunlap said.

Many public documents – such as old maps, minutes of town meetings and copies of municipal ordinances – have fallen into private hands over time, often because many town officials in Maine used to work from their homes, said state archivist Jim Henderson. Records from a century ago could end up in the attic of a relative instead of a public building, and once the documents are unearthed, people sometimes try to sell them.

Although once forgotten, the documents now have a resale market, drawing collectors with their rarity and historical significance, says Terry Ellis, a past president of the National Association of Government Archives and Records Administrators.

In Maine, the state has recovered centuries-old tax rolls and records of unorganized towns. The best-known recovery came in 2001, when the secretary of state won back from a private owner a copy of the Declaration of Independence.

The document was one of the copies of the original Declaration of Independence that were sent to the 13 colonies and to churches to get the word out in 1776. At the time, Maine was part of the state of Massachusetts.

Policing the sales is a challenge. The archivist’s office finds out about them through questions from the public or tips about Internet sales. Every few months, Henderson hears about items being listed on eBay, the Internet’s largest auction site.

The state does not have the staff or money to do more, and nobody monitors Web sites or goes out looking for public records that may be missing.

The secretary of state’s office is making auctioneers aware by sending out reminders of the law. It is also appealing to the public through its Web sites and a public reminder.

“We are trying to make the best effort we can,” Henderson said.

Henderson and officials in some other states have contacted eBay to see if it would help police the issue.

Hani Durzy, a spokesman for eBay, said the company is willing to work with states but that the laws are not uniform from state to state. He said eBay does not want to ban items that are legal to buy and sell in some states.

AP-ES-02-28-05 0912EST


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