Oregon Statutes - Chapter 98 - Lost, Unordered and Unclaimed Property; Unlawfully Parked Vehicles

• 98.005   Rights and duties of finder of money or goods.
  (1) If any person finds money or goods valued at $100 or more, and if the owner of the money or goods is unknown, such...
• 98.010   [Repealed by 1973 c.642 §13]
• 98.015   Liability of noncomplying finder; forfeiture to county of unreclaimed money or goods.
  If any person who finds money or goods valued at $100 or more fails to comply with ORS 98.005, the person shall be liable, upon...
• 98.020   [Repealed by 1973 c.642 §13]
• 98.025   Rights of owner.
  If an owner of money or goods found by another person appears and establishes a claim to such money or goods within the time period...
• 98.030   [Repealed by 1973 c.642 §13]
• 98.040   [Repealed by 1973 c.642 §13]
• 98.050   Finder’s reports; rules; fee.
  (1) The administrator may compile information or data in the possession of the Department of State Lands into finder’s reports at the request of any...
• 98.110   Record to be kept by consignee or bailee of property.
  When personal property is consigned to or deposited with any forwarding merchant, wharf, warehouse, tavern keeper or the keeper of any depot for the reception...
• 98.120   Notice to owner of receipt of property by consignee or bailee.
  If personal property left with a consignee or bailee referred to in ORS 98.110 was not left for the purpose of being forwarded or disposed...
• 98.130   Right of custodian to sell property.
  If personal property deposited with a consignee or bailee as mentioned in ORS 98.110 or 98.120 is not claimed and taken away within one year...
• 98.140   Notice of sale.
  Before property shall be sold pursuant to ORS 98.130, at least 60 days’ notice of sale shall be given the owner of the property, if...
• 98.150   Affidavit by custodian when no response to notice.
  If the owner or person entitled to the property to be sold pursuant to ORS 98.130 shall not take it away and pay the charges...
• 98.160   Inventory and order to sell.
  Upon the delivery to the justice of the peace of the affidavit as provided in ORS 98.150, the justice shall cause the property to be...
• 98.170   Sale.
  The constable or sheriff receiving the inventory and order provided for in ORS 98.160 shall give 10 days’ notice of the sale by posting written...
• 98.180   Delivery of proceeds to justice.
  Upon completing the sale provided for in ORS 98.170, the constable or sheriff making the sale shall indorse upon the order provided for in ORS...
• 98.190   Disposal of proceeds by justice.
  From the proceeds of the sale provided for in ORS 98.170, the justice shall pay all legal charges that have been incurred in relation to...
• 98.200   Procedure by county treasurer.
  The county treasurer shall make an entry of the amount received by the county treasurer and the time when received, and shall file in the...
• 98.210   Payment to person proving ownership.
  If the owner of the property sold, or the legal representative of the owner, furnishes satisfactory evidence to the treasurer of ownership of the property...
• 98.220   [Repealed by 1957 c.670 §37]
• 98.230   Sale of perishable property.
  Perishable property consigned or left as mentioned in ORS 98.110, if not reclaimed within 30 days after it was left, may be sold by giving...
• 98.240   Fees allowed to justice of peace and constable or sheriff.
  A justice of the peace shall receive $9 for each day’s service rendered pursuant to ORS 98.160 to 98.230; and a constable or sheriff shall...
• 98.245   Disposition of unclaimed property; notice of pending disposition; procedure.
  (1) As used in this section: (a) “Removing authority” means a sheriff’s office, a municipal police department, a state police office, a law enforcement agency...
• 98.260   [1967 c.181 §3; repealed by 1985 c.336 §1]
• 98.270   [1967 c.181 §1; repealed by 1985 c.336 §1]
• 98.280   [1967 c.181 §2; repealed by 1985 c.336 §1]
• 98.302   Definitions for ORS 98.302 to 98.436.
  As used in ORS 98.302 to 98.436 and 98.992, unless the context otherwise requires: (1) “Administrator” means the Director of the Department of State Lands....
• 98.304   When intangible property subject to custody of state.
  Unless otherwise provided in ORS 98.302 to 98.436 and 98.992 or by other statute of this state, intangible property is subject to the custody of...
• 98.306   [1957 c.670 §4; 1967 c.357 §1; 1973 c.797 §424; repealed by 1983 c.716 §26]
• 98.308   Intangible property held by financial institution.
  (1) Any demand, savings or matured time deposit with a financial institution, including a deposit that is automatically renewable, and any funds paid toward the...
• 98.309   When traveler’s check or money order presumed abandoned.
  (1) Subject to subsection (4) of this section, any sum payable on a traveler’s check that has been outstanding for more than 15 years after...
• 98.310   [Repealed by 1957 c.670 §37]
• 98.311   Service charge on unclaimed property.
  Notwithstanding the provisions in ORS 98.308, a holder may not deduct a service charge or fee or otherwise reduce an owner’s unclaimed account unless: (1)...
• 98.312   [1957 c.670 §5; repealed by 1983 c.716 §26]
• 98.314   Unclaimed funds held by insurance companies.
  (1) Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated are presumed abandoned if unclaimed...
• 98.316   Deposits and refunds held by utilities.
  The following funds held or owing by any utility are presumed abandoned if unclaimed by the apparent owner for more than one year after the...
• 98.320   [Repealed by 1957 c.670 §37]
• 98.322   Intangible equity ownership interests in business associations.
  (1) Stock, certificates of ownership or other intangible equity ownership interests in a business association are presumed abandoned when all of the following occur: (a)...
• 98.326   Property of business associations or financial institutions held in the course of dissolution.
  All intangible personal property distributable in the course of a dissolution of a business association or financial institution that is unclaimed by the owner for...
• 98.328   Property held in safe deposit box.
  Except property subject to ORS 711.582 and 711.590, all tangible and intangible property held in a safe deposit box or any other safekeeping repository in...
• 98.329   Delivery of property before presumed abandoned; rules.
  A holder, with the written consent of the Department of State Lands, and in compliance with rules prescribed by the department, may report and deliver...
• 98.330   [Repealed by 1957 c.670 §37]
• 98.332   Property held by fiduciaries.
  (1) All intangible personal property and any income or increment thereon, held in a fiduciary capacity is presumed abandoned unless the owner has, within two...
• 98.334   Unpaid wages unclaimed by owner.
  Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder’s business which remain unclaimed by the owner for...
• 98.336   Property held by government and public authorities.
  (1) Intangible property, including uncashed warrants and wages represented by unpresented payroll checks, held for the owner by a court, state or other government, governmental...
• 98.338   Credit memo unclaimed by owner.
  (1) A credit memo issued in the ordinary course of an issuer’s business which remains unclaimed by the owner for more than three years after...
• 98.340   [Repealed by 1957 c.670 §37]
• 98.342   Miscellaneous personal property held for another person.
  (1) All intangible personal property, not otherwise covered by ORS 98.302 to 98.436 and 98.992, including any income or increment thereon and deducting any lawful...
• 98.346   Reciprocity for property presumed abandoned or escheated under the laws of another state.
  Specific property described in ORS 98.308 to 98.314, 98.322 to 98.334, 98.338 or 98.342 which is held for or owed or distributable to an owner...
• 98.348   Recovery of abandoned property by another state; form of claim; indemnification of this state.
  (1) At any time after property has been paid or delivered to the Department of State Lands under ORS 98.352, another state may recover the...
• 98.350   [Repealed by 1957 c.670 §37]
• 98.352   Report of abandoned property.
  (1) Every person holding funds or other property, tangible or intangible, presumed abandoned under ORS 98.302 to 98.436 and 98.992 shall report and pay or...
• 98.353   Information on filing report provided by Department of State Lands.
  (1) The Department of State Lands shall, on a regular basis, provide educational or informational materials to persons required to file a report under ORS...
• 98.354   Records of ownership or issuance of instruments to be maintained.
  (1) Every holder required to file a report under ORS 98.352 as to any property for which the holder has obtained an address of the...
• 98.356   Notice and publication of lists of unclaimed property; rules.
  (1) The Department of State Lands shall publish notice of owners’ unclaimed accounts reported under ORS 98.352. The notice shall be published at least twice...
• 98.360   [Repealed by 1957 c.670 §37]
• 98.362   Delivery of certificate of ownership of intangible equity ownership interest.
  (1) The holder of an intangible equity ownership interest presumed abandoned under ORS 98.322 shall deliver a certificate of ownership or other evidence of ownership...
• 98.366   Relief from liability by payment or delivery.
  (1) Upon the payment or delivery of unclaimed property to the Department of State Lands, the state shall assume custody and shall be responsible for...
• 98.370   [Repealed by 1957 c.670 §37]
• 98.372   Income accruing after payment or delivery.
  The owner is not entitled to receive income or other increments which have accrued on the property after the property is paid or delivered to...
• 98.376   Periods of limitation not a bar.
  The expiration of any period of time specified by statute or court order, during which an action, suit or proceeding may be commenced or enforced...
• 98.380   [Repealed by 1957 c.670 §37]
• 98.382   Sale of abandoned and unclaimed property; methods; rules.
  (1)(a) All unclaimed property other than money and securities delivered to the Department of State Lands under ORS 98.362 shall be sold by the department...
• 98.384   Destruction or disposition of unclaimed property.
  If the Department of State Lands determines after investigation that any property delivered under ORS 98.352 has insubstantial commercial value, the department may destroy or...
• 98.386   Deposit of funds.
  (1) All funds received under ORS 98.302 to 98.436 and 98.992, including the proceeds from the sale of unclaimed property under ORS 98.382, shall be...
• 98.388   Unclaimed Property Revolving Fund.
  There is created from unclaimed property funds an Unclaimed Property Revolving Fund. The moneys in the fund are appropriated continuously to the Department of State...
• 98.390   [Repealed by 1957 c.670 §37]
• 98.392   Claim for unclaimed property delivered to Department of State Lands; time for claim; claims for securities.
  A person claiming an interest in unclaimed property reported to the Department of State Lands may file a claim to the property or to the...
• 98.396   Determination of claim; payment; reimbursement.
  (1) The Department of State Lands shall consider any claim filed under ORS 98.392 and may hold a hearing and receive evidence concerning the claim....
• 98.400   [Repealed by 1957 c.670 §37]
• 98.402   Hearing on claim; judicial action if administrator fails to act.
  (1) A person aggrieved by a decision of the administrator may request a hearing regarding the decision. The Department of State Lands shall conduct the...
• 98.406   [1957 c.670 §24; 1983 c.716 §21; repealed by 1993 c.694 §39]
• 98.410   [Repealed by 1957 c.670 §37]
• 98.412   Records and reports; examination; hearing.
  (1) The Department of State Lands may require a person who has not filed a report to file a verified report stating whether or not...
• 98.416   Proceeding to compel delivery of unclaimed property; interest.
  (1) If any person refuses to deliver property to the Department of State Lands as required under ORS 98.352, the department may bring a suit...
• 98.418   [1983 c.716 §40; repealed by 1985 c.336 §1]
• 98.420   [Repealed by 1957 c.670 §37]
• 98.422   Rules.
  The administrator is authorized to adopt necessary rules to carry out the provisions of ORS 98.302 to 98.436 and 98.992. [1957 c.670 §27; 1983 c.716
• 98.424   Agreements with other states; exchange of information; rules; Attorney General action in name of other state.
  (1) The Department of State Lands may enter into agreements with other states to exchange information needed to enable this or another state to audit...
• 98.426   [1957 c.670 §§28, 35; 1983 c.716 §25; repealed by 1993 c.694 §39]
• 98.430   [Repealed by 1957 c.670 §37]
• 98.432   Uniformity of interpretation.
  This Act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact the Uniform Disposition...
• 98.436   Short title.
  This Act may be cited as the Uniform Disposition of Unclaimed Property Act. [1957 c.670 §1] Note: See note under 98.432.
• 98.440   [Repealed by 1957 c.670 §37]
• 98.450   Unordered goods presumed gifts.
  (1) If a person mails or sends goods, newspapers or periodicals of a value of less than $20 to a person in this state without...
• 98.470   Definitions for ORS 98.470 to 98.490.
  As used in ORS 98.470 to 98.490, unless the context requires otherwise: (1) “Customer” means any person who causes a molder to: (a) Fabricate, cast...
• 98.475   Molder may take title to unclaimed mold.
  If a customer fails to take possession of any mold within three years after the date on which the customer last caused the molder to...
• 98.480   Notice to customer; contents.
  (1) If a molder chooses to take all rights, title and interest in any mold, the molder shall mail to the customer, at the customer’s...
• 98.485   Duty to make mold unusable when title not taken.
  If a molder does not choose to exercise the rights provided under ORS 87.870 to 87.876 or 98.475, the molder shall render the mold unusable...
• 98.490   Effect of written agreement between molder and customer.
  ORS 98.470 to 98.490 apply except as otherwise provided by written agreement between any molder and the molder’s customer. [1981 c.333 §5]
• 98.510   [Repealed by 1969 c.354 §2]
• 98.610   [Amended by 1991 c.331 §24; repealed by 1995 c.733 §74]
• 98.620   [Repealed by 1995 c.733 §74]
• 98.630   [Amended by 1957 c.459 §2; repealed by 1995 c.733 §74]
• 98.640   Owner’s duty to remove trees, logs, poles or piling deposited on state highways.
  (1) No person shall place or deposit any trees, timber, logs, poles or piling upon the right of way of any state highway or upon...
• 98.642   Effect of failure to remove trees, logs, poles or piling.
  Any trees, timber, logs, poles or piling which remain for a period of more than 30 days upon the right of way of any state...
• 98.644   ORS 98.640 and 98.642 inapplicable to certain trees, logs, poles or piling.
  The provisions of ORS 98.640 and 98.642 shall not apply to trees, timber, logs, poles or piling which have been placed or deposited or allowed...
• 98.650   Owner’s duty to remove trees, logs, poles or piling deposited on county roads.
  (1) No person shall place or deposit any trees, timber, logs, poles or piling upon the right of way of any county road, except with...
• 98.652   Effect of failure to remove trees, logs, poles or piling.
  Any trees, timber, logs, poles or piling which remain for a period of more than 30 days upon the right of way of any county...
• 98.654   ORS 98.650 and 98.652 inapplicable to certain trees, logs, poles or piling and to certain county roads.
  The provisions of ORS 98.650 and 98.652 shall not apply to trees, timber, logs, poles or piling which have been placed or deposited or allowed...
• 98.710   [Repealed by 1957 c.670 §37]
• 98.805   Definitions for ORS 98.810 to 98.818, 98.830, 98.835 and 98.840.
  As used in this section and ORS 98.810 to 98.818, 98.830, 98.835 and 98.840: (1) “Owner of a parking facility” means: (a) The owner, lessee...
• 98.810   Unauthorized parking of vehicle on proscribed property prohibited.
  A person may not, without the permission of: (1) The owner of a parking facility, leave or park any vehicle on the parking facility if...
• 98.812   Towing and storage of unlawfully parked vehicle; lien for towage, care and storage charges; notice requirements.
  (1) If a vehicle has been left or parked in violation of ORS 98.810, the owner of the parking facility or the owner of the...
• 98.814   [1953 c.575 §4; 1965 c.343 §21; repealed by 1983 c.436 §15]
• 98.816   [1953 c.575 §5; 1965 c.343 §22; repealed by 1983 c.436 §15]
• 98.818   Preference of lien.
  The lien created by ORS 98.812 shall have preference over any and all other liens or encumbrances upon the vehicle. [1953 c.575 §3; 2007 c.538
• 98.830   Towing abandoned vehicle from private property; conditions.
  A person who is the owner, or is in lawful possession, of private property on which a vehicle has been abandoned may have a tower...
• 98.835   Immunity from civil liability for towing abandoned vehicle; lien for towage, care and storage charges; notice requirements.
  (1) A tower who tows a vehicle pursuant to ORS 98.830 is immune from civil liability for towing the vehicle if the tower has a...
• 98.840   Towing vehicle alternative to procedure in ORS 98.810 to 98.818.
  The procedure authorized by ORS 98.830 and 98.835 for removal of abandoned vehicles from private property may be used by persons described in ORS 98.805...
• 98.990   [Repealed by 1957 c.670 §37]
• 98.850   Legislative findings and declaration.
  (1) The Legislative Assembly finds that: (a) 49 U.S.C. 14501(c)(1) limits the authority of the state and political subdivisions of the state to enact or...
• 98.852   Definitions for ORS 98.854 to 98.862.
  As used in ORS 98.854 to 98.862: (1) “Consideration” has the meaning given that term in ORS 171.725. (2) “Motor vehicle” has the meaning given...
• 98.854   Prohibitions placed on tower of vehicles.
  A tower may not: (1) Tow a motor vehicle without providing to the owner or operator of the motor vehicle the information required under ORS...
• 98.856   Tower responsibility of disclosure to owner or operator of vehicle.
  (1) A tower shall disclose to the owner or operator of a motor vehicle in a conspicuous written statement of at least 10-point boldfaced type:...
• 98.858   Right of owner or person in lawful possession of vehicle to redeem vehicle, contact tower and obtain property of emergency nature.
  (1) A tower in physical possession of a motor vehicle shall permit the owner or person in lawful possession of a motor vehicle the tower...
• 98.860   Conditions for release of vehicle to insurance company undertaking to adjust claim; tower’s good-faith release of vehicle.
  (1) For purposes of this section, an insurance company undertaking to adjust a claim involving a towed motor vehicle is a person in lawful possession...
• 98.862   Exceptions to requirements of ORS 98.856.
  A tower need not provide the written information required under ORS 98.856 if: (1) The motor vehicle is towed from a parking facility where the...
• 98.864   Rules.
  The Attorney General may adopt rules to implement ORS 98.854 to 98.862. [2007 c.538 §8] PENALTIES
• 98.991   Penalties relating to unclaimed property.
  (1) Any person who willfully fails to render any report or perform other duties required under this Act is guilty of a misdemeanor. (2) Any...
• 98.992   Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436.
  A person who willfully fails to render any report, to pay or deliver property or to perform other duties required by ORS 98.302 to 98.436...

Last modified: August 7, 2008