Oregon Revised Statutes

Chapter 98 — Lost, Unclaimed or Abandoned Property; Vehicle Towing

135 sections

98.005 Rights and duties of finder of money or goods

If any person finds money or goods valued at $250 or more, and if the owner of the money or goods is unknown, such person, within 10 days after the date of the finding, shall give notice of the finding in writing to the county clerk of the county in which the money or goods was found. Within 20 days after the date of the finding, the finder of the money or g…

98.010 [Repealed by 1973 c.642 §13]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 $250 or more fails to comply with ORS 98.005, the person shall be liable, upon conviction for violation of ORS 164.065, to the county for the money or goods or the full value of the money or goods. The county treasurer shall hold the money or goods or their value for owner thereof and shall publish notice of t…

98.020 [Repealed by 1973 c.642 §13]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 prescribed by ORS 98.005 or 98.015, whichever applies, the owner shall have restitution of such money or goods or their value upon payment of all costs and charges incurred in the finding, giving of notice, care and custody of s…

98.030 [Repealed by 1973 c.642 §13]

98.040 [Repealed by 1973 c.642 §13]

98.045 Applicability to unclaimed prepaid transportation cards

The provisions of ORS 98.005, 98.015, 98.025 and 98.302 to 98.436 do not apply to prepaid transportation cards that are held or owing in the ordinary course of the holder’s business and that have remained unclaimed by the owner. As used in this section, “prepaid transportation card” means any prefunded record evidencing a promise that one or more units of s…

98.050 Finder’s reports; rules; fee

The State Treasurer may compile information or data into finder’s reports at the request of any person to assist in finding the owners of abandoned or unclaimed property. The State Treasurer shall adopt by rule a fee charged for copies of finder’s reports that is commensurate with preparation costs including production, duplication and staff time involved. …

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 and storage of trucks, baggage, merchandise or other personal property, the consignee or bailee shall immediately cause to be entered in a book kept by the consignee or bailee a description of such pro…

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 of according to directions received by the consignee or bailee at or before the time of its reception, and if the name and residence of the owner of the property is known to the person having the property in the possessio…

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 after the time it was received, the person having possession thereof may at any time thereafter proceed to sell the property in the manner provided in ORS 98.140 to 98.240.

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 the name and residence of the owner are known, either personally or by mail, or by leaving a notice at the residence or place of doing business of the owner, or, if the name and residence of the owner is not known, a notice shal…

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 thereon after 60 days’ notice is given, the person having possession thereof, the agent or attorney of the person shall deliver to a justice of the peace of the county where the property was received an affidavit setting forth a descri…

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 examined in the presence of the justice, and a true inventory thereof to be made. The justice shall annex to such inventory an order under the hand of the justice that the property therein described be sold at public auction by…

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 notices thereof in three or more places in such constable district, or in the county, and sell the property at public auction to the highest bidder in the same manner as provided by law for sales under execution from…

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 98.160 a return of the proceedings. The constable or sheriff shall deliver the order to the justice, together with the inventory and the proceeds of sale, after deducting fees.

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 the property, or a ratable proportion of each charge if the proceeds of the sale are not sufficient to pay all the charges; and the balance, if there is any, the justice shall immediately pay over to the treasurer of the co…

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 office of the county treasurer the statement delivered to the county treasurer by the justice pursuant to ORS 98.190.

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 deposited in the county treasury pursuant to ORS 98.190, the owner shall be entitled to receive from the treasurer the amount deposited with the treasurer.

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 10 days’ notice thereof. The sale shall be conducted and the proceeds of the sale shall be applied as provided in ORS 98.170 to 98.210. Any property in a state of decay or manifestly liable to immediately become decayed, …

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 receive the same fees as are allowed by law for sales upon an execution, and 50 cents a folio for making an inventory of property. UNCLAIMED PROPERTY IN POSSESSION OF LAW ENFORCEMENT AGENCY

98.245 Disposition of unclaimed property; notice of pending disposition; procedure

As used in this section: “Removing authority” means a sheriff’s office, a municipal police department, a state police office, the Department of Corrections, a law enforcement agency created by intergovernmental agreement or a port as defined in ORS 777.005 or 778.005. “Unclaimed property” means personal property that was seized by a removing authority as e…

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]

UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT

98.302 Definitions

As used in ORS 98.302 to 98.436 and 98.992, unless the context otherwise requires: “Apparent owner” means the person whose name appears on the records of the holder as the person entitled to property held, issued or owing by the holder. “Business association” means a nonpublic corporation, joint stock company, business trust, partnership, investment compan…

98.304 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 this state as unclaimed property if the conditions raising a presumption of abandonment under ORS 98.342 are satisfied, and one or more of the following is true: The last-known address, as shown on the records of t…

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

Notwithstanding ORS 98.324, any demand, savings or matured time deposit with a financial institution, including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, mutual investment certificate or any other interest in a financial institution is presumed abandoned unless the owner, within three years, has done one or…

98.309 Traveler’s check or money order presumed abandoned

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 its issuance is presumed abandoned unless the owner, within 15 years, has communicated electronically or in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other recor…

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: There is a valid written contract between the holder and the owner that allows the holder to impose a charge; The service charge or fee is imposed uniformly on all accounts; and Three months’ written notice…

98.312 [1957 c.670 §5; repealed by 1983 c.716 §26]

98.314 Unclaimed funds held by insurance companies

Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated are presumed abandoned if unclaimed for more than three years after the funds become due and payable as established from the records of the insurance company holding or owing the funds, but property described in subsection (3)(b)(A) of this sec…

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 date of termination of services or when the funds otherwise become payable or distributable: A deposit made by a subscriber with a utility to secure payment, or a sum paid in advance for utility services, less any lawfu…

98.319 U.S. savings bonds presumed abandoned; escheat proceedings

As used in this section, “U.S. savings bonds” or “bonds” means: U.S. savings bonds, series A, B, C, D, E, F, G, H, J and K, and U.S. savings notes, governed by 31 C.F.R. 315; Definitive United States savings bonds, series EE and HH, governed by 31 C.F.R. 353; and Definitive United States savings bonds, series I, governed by 31 C.F.R. 360. Notwithstanding…

98.320 [Repealed by 1957 c.670 §37]

98.322 Unclaimed securities or distributions

As used in this section: “Distribution” means any dividend, profit distribution, interest, payment on principal, stock dividend, stock distribution, unexchanged share or other sum or thing of value owed under a security to the owner by a holder. “Notice” means communication sent to an owner informing the owner of the existence of a security or distribution…

98.324 Digital assets; transfer; liquidation; rules

A digital asset is presumed abandoned three years after the latest owner contact by the apparent owner. If the holder has private keys, credentials or other information necessary to effectuate a transfer of digital assets presumed abandoned, the holder shall report the digital assets under ORS 98.352 and, within 30 days after filing the report, shall delive…

98.325 Notices to owner of digital assets before abandonment presumed

Notwithstanding the notice requirements established under ORS 98.352 (5), the holder of a digital asset presumed abandoned under ORS 98.324, before filing the report under ORS 98.352 with respect to a digital asset, shall provide notice to the owner as follows: The holder shall send an initial notice by any electronic messaging method the holder has previou…

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 more than one year after the date for final distribution is presumed abandoned.

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 this state in the ordinary course of the holder’s business, which remains unclaimed by the owner for more than two years after the lease or rental period on the box or other repository has expired, is pres…

98.329 Delivery of property before presumed abandoned; rules

A holder, with the written consent of the State Treasurer, and in compliance with rules prescribed by the State Treasurer, may report and deliver property before the property is presumed abandoned. Note: 98.329 was added to and made a part of 98.302 to 98.436 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revise…

98.330 [Repealed by 1957 c.670 §37]

98.332 Property held by fiduciaries

All intangible personal property and any income or increment thereon, held in a fiduciary capacity is presumed abandoned unless the owner has, within three years after it becomes payable or distributable, increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property, or otherwise indicated an i…

98.334 Unpaid wages unclaimed by owner

As used in this section, “wages” means wages, commissions, bonuses or reimbursements to which an employee is entitled as an owner, or other compensation for personal services, other than amounts held in a payroll card. Unpaid wages, including wages represented by unpresented payroll checks, due and owing in the ordinary course of the holder’s business that …

98.336 Wages or property held by government and public authorities

As used in this section, “wages” means wages, commissions, bonuses or reimbursements to which an employee is entitled as an owner, or other compensation for personal services, other than amounts held in a payroll card. Intangible property, including uncashed warrants and excluding unpaid wages, held for the owner by a court, state or other government, gover…

98.338 Credit memo unclaimed by owner

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 becoming payable or distributable is presumed abandoned. For a credit memo presumed abandoned under subsection (1) of this section, the amount presumed abandoned is the amount credited to the recipient of the memo.

98.340 [Repealed by 1957 c.670 §37]

98.342 Miscellaneous personal property held for another person

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 charges, that is held or owing in the ordinary course of the holder’s business and has remained unclaimed by the owner for more than three years after it became payable or distributable is presumed aba…

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 whose last-known address is in another state by a holder who is subject to the jurisdiction of that state is not presumed abandoned in this state and subject to ORS 98.302 to 98.436 and 98.992 if: It may be claimed a…

98.348 Recovery of abandoned property by another state; form of claim; indemnification of this state

At any time after property has been paid or delivered to the State Treasurer under ORS 98.352, another state may recover the property if one or more of the following is true: The property was subjected to custody by this state because the records of the holder did not reflect the last-known address of the apparent owner when the property was presumed abando…

98.350 [Repealed by 1957 c.670 §37]

98.352 Report of abandoned property

A holder of property presumed abandoned under ORS 98.302 to 98.436 and 98.992 shall deliver to the State Treasurer the report described in subsection (2) of this section and shall pay or deliver to the State Treasurer, for deposit in the Unclaimed Property and Estates Fund, all property presumed abandoned, except that for the following funds the holder is no…

98.353 Information on filing report

The State Treasurer shall regularly provide educational or informational materials to persons required to file a report under ORS 98.352. The educational or informational materials must include information describing: The types of property, tangible and intangible, that are subject to reporting; Persons who typically hold, knowingly or unknowingly, unclaim…

98.354 Records of ownership or issuance of instruments to be maintained

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 owner, shall maintain a record of the name and last-known address of the owner and such signature cards and other evidence that would assist in the identification of the owner for three years after the property has been remitted to t…

98.356 Notice and publication of lists of unclaimed property; rules

The State Treasurer shall publish notice of owners’ unclaimed accounts reported under ORS 98.352. The notice shall be published at least twice in a newspaper or other generally circulated periodical published in this state. The State Treasurer may publish such notices at intervals to locate owners of accounts received under ORS 98.352 (4) in an expedient man…

98.360 [Repealed by 1957 c.670 §37]

98.362 Delivery of unclaimed securities or distributions

The holder of a security or distribution presumed abandoned under ORS 98.322 shall deliver a certificate of ownership or other evidence of ownership to the State Treasurer as follows: The original certificate shall be delivered to the State Treasurer when it is held or controlled by the holder. A duplicate certificate shall be issued to the State Treasurer…

98.366 Relief from liability by payment or delivery

Upon the payment or delivery of unclaimed property to the State Treasurer, the state shall assume custody and is responsible for its safekeeping. Any person who pays or delivers unclaimed property to the State Treasurer under ORS 98.352 is relieved of all liability to the extent of the value of the property paid or delivered for any claim that then exists or…

98.370 [Repealed by 1957 c.670 §37]

98.372 Income accruing on unclaimed property after delivery to State Treasurer

The owner is not entitled to receive income or other increments that have accrued on the property after the property is sold by the State Treasurer under ORS 98.382. The State Treasurer shall credit an owner with any distribution, as defined in ORS 98.322, or any other discrete income generated by the property, that accrues between the date the property is …

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 to obtain payment of a claim for money or recovery of property, does not prevent the money or property from being presumed abandoned and does not affect any duty to file a report required by ORS 98.352 or to pay or…

98.379 Retention of abandoned military medals; transfer of custody; rules

As used in this section: “Armed Forces of the United States” has the meaning given that term in ORS 366.931. “Descendant” has the meaning given that term in ORS 111.005. “Military medal” means a medal or decoration awarded to a person for military service in the Armed Forces of the United States and presumed to be abandoned under ORS 98.302 to 98.436. “S…

98.380 [Repealed by 1957 c.670 §37]

98.382 Sale of unclaimed or escheated property; methods; rules

The State Treasurer shall sell all unclaimed property delivered to the State Treasurer under ORS 98.352, except money, securities and digital assets, and all personal property delivered to the State Treasurer by escheat, to the highest bidder at public sale by the method and at the location that the State Treasurer determines are the most favorable for recei…

98.384 Destruction or disposition of unclaimed or escheated property

If the State Treasurer determines after investigation that any property delivered under ORS 98.352 or personal property delivered by escheat has insubstantial commercial value, the State Treasurer may destroy or otherwise dispose of the property at any time. No action or proceeding may be maintained against the state or any officer or against the holder for …

98.386 Deposit of funds

Except as provided in subsection (2) of this section, 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 deposited by the State Treasurer in the Unclaimed Property and Estates Fund. Before making the deposit, the State Treasurer shall record the name and last-known a…

98.388 [1969 c.594 §66; 1983 c.716 §17; 1993 c.694 §16; 2019 c.678 §21; repealed by 2021 c.424 §9]

98.389 Unclaimed Property and Estates Fund; transfers from fund

There is established the Unclaimed Property and Estates Fund, separate and distinct from the General Fund. The Unclaimed Property and Estates Fund consists of: Unclaimed property, including the proceeds of unclaimed property, under ORS 98.302 to 98.436; Penalties related to unclaimed property assessed under ORS 98.992; Estates escheated to the state unde…

98.390 [Repealed by 1957 c.670 §37]

98.392 Claiming unclaimed property; lawyer trust account funds; rules

A person claiming an interest in unclaimed property reported under ORS 98.352 may file a claim to the property or to the proceeds from the sale of the property at any time after the property has been reported. Claims shall be filed on the form prescribed by the State Treasurer. The State Treasurer may require the person to provide a lost instrument bond if t…

98.396 Determination of claim; payment; reimbursement

The State Treasurer shall consider any claim filed under ORS 98.392 and may hold a hearing and receive evidence concerning the claim. If a hearing is held, the State Treasurer shall prepare findings and a decision in writing on each claim filed, stating the substance of any evidence heard by the State Treasurer and the reasons for the decision. A decision is…

98.400 [Repealed by 1957 c.670 §37]

98.402 Hearing on claim; petition to compel action

A person aggrieved by a decision of the State Treasurer under ORS 98.302 to 98.436 may request a contested case hearing in accordance with ORS 183.413 to 183.470. If the State Treasurer fails to act on a claim within 120 days after a person files the claim under ORS 98.392, the claimant may petition a court under ORS 183.484 to compel the State Treasurer to…

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 Verified report; examination of records; failure to maintain records

The State Treasurer may require a person who has not filed a report under ORS 98.352 to file a verified report stating whether the person holds any unclaimed property reportable or deliverable. The State Treasurer may at reasonable times and upon reasonable notice examine the records of any person to determine whether the person has complied with the provis…

98.416 Proceeding to compel delivery of unclaimed property; interest

The State Treasurer may bring a suit or action in a court of appropriate jurisdiction to enforce delivery of property not delivered by a holder as required under ORS 98.352. The State Treasurer may require a holder who fails to pay or deliver property within the time prescribed by ORS 98.302 to 98.436 and 98.992 to pay interest from the date the State Treas…

98.418 [1983 c.716 §40; repealed by 1985 c.336 §1]

98.420 [Repealed by 1957 c.670 §37]

98.422 Rules

The State Treasurer is authorized to adopt necessary rules to carry out the provisions of ORS 98.302 to 98.436 and 98.992.

98.424 Agreements with other states; exchange of information; rules; Attorney General action in name of other state

The State Treasurer may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that this state or another state may be entitled to subject to a claim of custody under ORS 98.348. The State Treasurer may adopt rules requiring the other states to report informati…

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 of Unclaimed Property Act. Note: Pursuant to 173.160, Legislative Counsel has not substituted specific ORS references for the words “this Act” in sections 1, 2 and 36, chapter 670, Oregon Laws 1957, compiled as 98.4…

98.436 Short title

This Act may be cited as the Uniform Disposition of Unclaimed Property Act. Note: See note under 98.432.

98.440 [Repealed by 1957 c.670 §37]

UNORDERED GOODS

98.450 Unordered goods presumed gifts

If a person mails or sends goods, newspapers or periodicals of a value of less than $20 to a person in this state without first receiving an order for such items, the items are conclusively presumed to be a gift and no obligation shall accrue against the recipient. If a person deliberately and intentionally mails or sends goods, newspapers, or periodicals o…

98.470 Definitions for ORS 98.470 to 98.490

As used in ORS 98.470 to 98.490, unless the context requires otherwise: “Customer” means any person who causes a molder to: Fabricate, cast or otherwise make a mold; or Use a mold to manufacture, assemble or otherwise make any product. “Mold” includes any die, mold or form used to manufacture, assemble or otherwise make any product. “Molder” means any p…

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 use the mold, the molder may take all rights, title and interest in the mold pursuant to ORS 98.480.

98.480 Notice to customer; contents

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 last-known address, a notice. The molder shall send the notice by registered or certified mail, return receipt requested. The notice required by subsection (1) of this section shall state that the molder intends to terminate all o…

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 as a mold and destroy or otherwise dispose of the mold.

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.

98.510 [Repealed by 1969 c.354 §2]

SHOPPING CARTS

98.515 Unauthorized appropriation of shopping carts

A local government may enact or adopt an ordinance, charter provision, resolution or other regulation to prohibit the unauthorized appropriation of a shopping cart from the business premises of the person that owns the shopping cart and to provide for the salvage or reclamation of an abandoned shopping cart. An ordinance, charter provision, resolution or ot…

98.520 Notice of crime of unauthorized appropriation of shopping carts; recovery of abandoned shopping carts

A local government in an ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 98.515 shall provide that a person that supplies shopping carts for public use at the person’s business shall: Post signs in sufficient number to give notice to members of the public entering onto or leaving the business premises t…

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]

REMOVAL OF TREES OR LOGS FROM COUNTY ROADS OR STATE HIGHWAYS

98.640 Owner’s duty to remove trees, logs, poles or piling deposited on state highways

No person shall place or deposit any trees, timber, logs, poles or piling upon the right of way of any state highway or upon any real property adjacent thereto which is owned by the state, by and through its Department of Transportation, except with permission of any duly authorized weighmaster, motor carrier enforcement officer or peace officer given in con…

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 highway or upon real property adjacent thereto which is owned by the state, by and through its Department of Transportation, shall be conclusively presumed abandoned, and title thereto shall vest in the state, by and through its Departme…

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 to remain upon the right of way of a state highway or real property adjacent thereto under the provisions of a permit granted by the Department of Transportation, nor to poles erected upon the right of way of a state …

98.650 Owner’s duty to remove trees, logs, poles or piling deposited on county roads

No person shall place or deposit any trees, timber, logs, poles or piling upon the right of way of any county road, except with permission of any duly authorized weighmaster or peace officer given in connection with the removal of portions of loads, which removal is pursuant to ORS 810.490. Any trees, timber, logs, poles or piling so placed or deposited, ac…

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 road shall be conclusively presumed abandoned, and title thereto shall vest in the county having jurisdiction over such county road, and the county court or board of county commissioners of said county may remove, destroy, sell or other…

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 to remain upon the right of way of a county road under the provisions of a permit granted by the county court or board of county commissioners having jurisdiction over said county road, nor to poles placed upon the ri…

98.710 [Repealed by 1957 c.670 §37]

DISPOSITION OF UNLAWFULLY PARKED VEHICLES AND ABANDONED VEHICLES

98.805 Definitions for ORS 98.810 to 98.818, 98.830 and 98.840

As used in this section and ORS 98.810 to 98.818, 98.830 and 98.840: “Owner of a parking facility” means: The owner, lessee or person in lawful possession of a private parking facility; or Any officer or agency of this state with authority to control or operate a parking facility. “Owner of proscribed property” means the owner, lessee or person in lawful…

98.810 Unauthorized parking of vehicle on proscribed property prohibited

A person may not, without the permission of: The owner of a parking facility, leave or park any vehicle on the parking facility if there is a sign displayed in plain view at the parking facility prohibiting or restricting public parking on the parking facility. The owner of proscribed property, leave or park any vehicle on the proscribed property whether o…

98.811 Notice of parking violation; certificate of nonliability; dismissal of notice

If the owner of a parking facility or the owner of proscribed property has issued a citation or other notice of a parking violation alleging that a vehicle owned by a person engaged in the business of selling, renting, leasing or repairing motor vehicles has been left or parked in violation of ORS 98.810 and mailed a copy of the citation or notice to the per…

98.812 Towing of unlawfully parked vehicle; lien for towage, care and storage charges; notice requirements

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 proscribed property may have a tower tow the vehicle from the parking facility or the proscribed property and place the vehicle in storage at a secure location under the control of the tower. A tower is entitled to a lien on a towed vehicle…

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.

98.820 Towing vehicle from fuel dispensary premises; civil immunity; lien

As used in this section: “Class 1 flammable liquids” has the meaning given that term in ORS 480.310. “Fuel dispensary” means a filling station, service station, garage or other dispensary where Class 1 flammable liquids or diesel fuel is dispensed at retail for use in vehicles. “Towing company” means a company holding a towing business certificate issued …

98.830 Towing abandoned vehicle from private property; civil immunity; lien

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 tow the vehicle from the property if: The person affixes a notice to the vehicle stating that the vehicle will be towed if it is not removed; The notice required by paragraph (a) of this subsection remains on the vehicle for at …

98.835 [1995 c.758 §2; 2001 c.424 §2; 2007 c.538 §13; repealed by 2017 c.480 §3]

98.840 Towing vehicle alternative to procedure in ORS 98.810 to 98.818

The procedure authorized by ORS 98.830 for removal of abandoned vehicles from private property may be used by an owner of a parking facility or an owner of proscribed property as an alternative to the procedures described in ORS 98.810 to 98.818. INVOLUNTARY LOSS OF USE OF VEHICLES

98.850 Legislative findings and declaration

The Legislative Assembly finds that: 49 U.S.C. 14501(c)(1) limits the authority of the state and political subdivisions of the state to enact or enforce laws or ordinances related to price, route or service of motor carriers with respect to the transportation of property. 49 U.S.C. 14501(c)(2)(A) exempts, from the limits described in paragraph (a) of this …

98.852 Definitions for ORS 98.853 to 98.862

As used in ORS 98.853 to 98.862: “Business day” means Mondays through Friday, excluding legal holidays. “Consideration” has the meaning given that term in ORS 171.725. “Law enforcement agency” has the meaning given that term in ORS 131.915. “Motor vehicle” has the meaning given that term in ORS 801.360. “Parking facility” has the meaning given that term…

98.853 Tower obligations prior to and during tow; release of vehicle

Prior to towing a motor vehicle pursuant to ORS 98.812, a tower shall take at least one photograph of the motor vehicle and record the time and date of the photograph. The photograph must show the motor vehicle as it was left or parked at the time the tower arrived to conduct the tow. The tower shall maintain for at least two years, in electronic or printed …

98.854 Prohibitions placed on tower

A tower may not: Tow a motor vehicle from a parking facility unless there is a sign displayed in plain view at the parking facility that, using clear and conspicuous language, prohibits or restricts public parking at the parking facility. Notwithstanding paragraph (a) of this subsection, a tower may tow a motor vehicle from a parking facility with the prio…

98.856 Tower responsibility of disclosure to owner or operator of vehicle

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: The prices the tower charges for all the goods and services that the tower offers; The location where the tower will: Store the motor vehicle and personal property in the motor vehicle; or Tow the motor vehicle, if th…

98.857 Recovery of stolen vehicle; tower responsibility to notify owner

After a motor vehicle reported as stolen is recovered by a law enforcement agency, the agency shall share the owner’s contact information, including home address and telephone number, from either the Law Enforcement Data System or the stolen vehicle police report, with any tower that assumes control of the vehicle. The contact information may be used only fo…

98.858 Right of owner or person in lawful possession of vehicle to redeem or inspect vehicle, contact tower and obtain property of emergency nature

A tower in physical possession of a motor vehicle shall permit the owner or person in lawful possession of a motor vehicle the tower has towed to: Redeem or inspect the motor vehicle: Between 8 a.m. and 6 p.m. on business days; At all other hours, within 60 minutes after asking the tower to release or allow for the inspection of the motor vehicle; and Wi…

98.859 Maximum rates for towing; process for complaints; exceptions

Each city or county may establish the maximum rates that a tower may charge for towing a motor vehicle, and for all related services for towing a motor vehicle, in response to a request for towing of a vehicle parked within the city or county that is made by a person other than the owner or operator of the motor vehicle. The rates for related services includ…

98.860 Conditions for release of vehicle to insurance company undertaking to adjust claim; tower’s good-faith release of vehicle

For purposes of this section, an insurance company undertaking to adjust a claim involving a towed motor vehicle is a person in lawful possession and entitled to release of the motor vehicle if: The insurance company has obtained permission from the owner or another person in lawful possession of the motor vehicle to secure release of the motor vehicle; and…

98.861 Licenses for towing; fees

Subject to subsection (5) of this section: A tower may not tow vehicles parked within the boundaries of a city without a license issued by the city, if the city has established the maximum rates that a tower may charge under ORS 98.859. A tower may not tow vehicles parked within the boundaries of a county without a license issued by the county, if the coun…

98.862 Exceptions to requirements of ORS 98.856

A tower need not provide the written information required under ORS 98.856 if: The motor vehicle is towed from a parking facility where the tower has provided the information on signs that are clearly readable by an operator of a motor vehicle in each parking stall or at each entrance to the parking facility. The tower is hired or otherwise engaged by an a…

98.864 [2007 c.538 §8; repealed by 2021 c.578 §14]

98.990 [Repealed by 1957 c.670 §37]

PENALTIES

98.991 Penalties relating to unclaimed property

Any person who willfully fails to render any report or perform other duties required under this Act is guilty of a misdemeanor. Any person who willfully refuses to pay or deliver unclaimed property to the State Treasurer as required under this Act is guilty of a misdemeanor. Note: See note under 98.432.

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 and 98.992 may be required to forfeit and pay to the State Treasurer to be deposited in the Unclaimed Property and Estates Fund, an amount determined by the State Treasurer pursuant to ORS 183.745 of not more than $1,000 f…