ORS 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, the Department of Corrections, a law enforcement agency created by intergovernmental agreement or a port as defined in ORS 777.005 (Definitions for ORS 777.005 to 777.725 and 777.915 to 777.953) or 778.005 (Definitions).

(b)

“Unclaimed property” means personal property that was seized by a removing authority as evidence, abandoned property, found property or stolen property, and that has remained in the physical possession of that removing authority for a period of more than 60 days following conclusion of all criminal actions related to the seizure of the evidence, abandoned property, found property or stolen property, or conclusion of the investigation if no criminal action is filed.

(2)

Notwithstanding ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title), and in addition to any other method provided by law, a removing authority may dispose of unclaimed property as follows:

(a)

An inventory describing the unclaimed property shall be prepared by the removing authority.

(b)

The removing authority shall publish a notice of intent to dispose of the unclaimed property described in the inventory prepared pursuant to paragraph (a) of this subsection. The notice shall be posted in three public places in the jurisdiction of the removing authority, and shall also be published in a newspaper of general circulation in the jurisdiction of the removing authority. The notice shall include a description of the unclaimed property as provided in the inventory, the address and telephone number of the removing authority and a statement in substantially the following form:

The (removing authority) has in its physical possession the unclaimed personal property described below. If you have any ownership interest in any of that unclaimed property, you must file a claim with the (removing authority) within 30 days from the date of publication of this notice, or you will lose your interest in that property.

(c)

A copy of the notice described in paragraph (b) of this subsection shall also be sent to any person that the removing authority has reason to believe has an ownership or security interest in any of the unclaimed property described in the notice. A notice sent pursuant to this paragraph shall be sent by regular mail to the last known address of the person.

(d)

Prior to the expiration of the time period stated in a notice issued pursuant to this section, a person may file a claim that presents proof satisfactory to the removing authority issuing the notice that the person is the lawful owner or security interest holder of any property described in that notice. The removing authority shall then return the property to that person.

(e)

If a removing authority fails to return property to a person that has timely filed a claim pursuant to paragraph (d) of this subsection, the person may file, within 30 days of the date of the failure to return the property, a petition seeking return of the property to the person. The petition shall be filed in the circuit court for the county in which the removing authority is located. If one or more petitions are filed, the removing authority shall hold the property pending receipt of an order of the court directing disposition of the property or dismissing the petition or petitions with prejudice. If the court grants the petition, the removing authority shall turn the unclaimed property over to the petitioner in accordance with the order.

(f)

Unless the removing authority or court upholds the claim or petition under paragraph (d) or (e) of this subsection, title to all unclaimed property described in a notice issued pursuant to this section shall pass to the removing authority free of any interest or encumbrance thereon in favor of any person who has:

(A)

A security interest in the property and to whom the removing authority mailed a copy of the notice described in paragraph (b) of this subsection in accordance with paragraph (c) of this subsection; or

(B)

Any ownership interest in the property.

(g)

The removing authority may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts and governmental agencies. Any department, agency or officer of the state or any political subdivision whose official functions include the issuance of certificates or other evidence of title shall be immune from civil or criminal liability when such issuance is pursuant to a bill of sale issued by the removing authority. [1997 c.480 §2; 2003 c.693 §13; 2021 c.206 §7]

Source: Section 98.245 — Disposition of unclaimed property; notice of pending disposition; procedure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html.

98.005
Rights and duties of finder of money or goods
98.015
Liability of noncomplying finder
98.025
Rights of owner
98.045
Applicability to unclaimed prepaid transportation cards
98.050
Finder’s reports
98.110
Record to be kept by consignee or bailee of property
98.120
Notice to owner of receipt of property by consignee or bailee
98.130
Right of custodian to sell property
98.140
Notice of sale
98.150
Affidavit by custodian when no response to notice
98.160
Inventory and order to sell
98.170
Sale
98.180
Delivery of proceeds to justice
98.190
Disposal of proceeds by justice
98.200
Procedure by county treasurer
98.210
Payment to person proving ownership
98.230
Sale of perishable property
98.240
Fees allowed to justice of peace and constable or sheriff
98.245
Disposition of unclaimed property
98.302
Definitions for ORS 98.302 to 98.436
98.304
Intangible property subject to custody of state
98.308
Intangible property held by financial institution
98.309
Traveler’s check or money order presumed abandoned
98.311
Service charge on unclaimed property
98.314
Unclaimed funds held by insurance companies
98.316
Deposits and refunds held by utilities
98.319
U.S. savings bonds presumed abandoned
98.322
Intangible equity ownership interests in business associations
98.326
Property of business associations or financial institutions held in the course of dissolution
98.328
Property held in safe deposit box
98.329
Delivery of property before presumed abandoned
98.332
Property held by fiduciaries
98.334
Unpaid wages unclaimed by owner
98.336
Property held by government and public authorities
98.338
Credit memo unclaimed by owner
98.342
Miscellaneous personal property held for another person
98.346
Reciprocity for property presumed abandoned or escheated under the laws of another state
98.348
Recovery of abandoned property by another state
98.352
Report of abandoned property
98.353
Information on filing report
98.354
Records of ownership or issuance of instruments to be maintained
98.356
Notice and publication of lists of unclaimed property
98.362
Delivery of certificate of ownership of intangible equity ownership interest
98.366
Relief from liability by payment or delivery
98.372
Income accruing after payment or delivery
98.376
Periods of limitation not a bar
98.379
Retention of abandoned military medals
98.382
Sale of abandoned and unclaimed property
98.384
Destruction or disposition of unclaimed property
98.386
Deposit of funds
98.389
Unclaimed Property and Estates Fund
98.392
Claiming unclaimed property
98.396
Determination of claim
98.402
Hearing on claim
98.412
Verified report
98.416
Proceeding to compel delivery of unclaimed property
98.422
Rules
98.424
Agreements with other states
98.432
Uniformity of interpretation
98.436
Short title
98.450
Unordered goods presumed gifts
98.470
Definitions for ORS 98.470 to 98.490
98.475
Molder may take title to unclaimed mold
98.480
Notice to customer
98.485
Duty to make mold unusable when title not taken
98.490
Effect of written agreement between molder and customer
98.515
Unauthorized appropriation of shopping carts
98.520
Notice of crime of unauthorized appropriation of shopping carts
98.640
Owner’s duty to remove trees, logs, poles or piling deposited on state highways
98.642
Effect of failure to remove trees, logs, poles or piling
98.644
ORS 98.640 and 98.642 inapplicable to certain trees, logs, poles or piling
98.650
Owner’s duty to remove trees, logs, poles or piling deposited on county roads
98.652
Effect of failure to remove trees, logs, poles or piling
98.654
ORS 98.650 and 98.652 inapplicable to certain trees, logs, poles or piling and to certain county roads
98.805
Definitions for ORS 98.810 to 98.818, 98.830 and 98.840
98.810
Unauthorized parking of vehicle on proscribed property prohibited
98.811
Notice of parking violation
98.812
Towing of unlawfully parked vehicle
98.818
Preference of lien
98.820
Towing vehicle from fuel dispensary premises
98.830
Towing abandoned vehicle from private property
98.840
Towing vehicle alternative to procedure in ORS 98.810 to 98.818
98.850
Legislative findings and declaration
98.852
Definitions for ORS 98.853 to 98.862
98.853
Conditions allowing towing
98.854
Prohibitions placed on tower
98.856
Tower responsibility of disclosure to owner or operator of vehicle
98.857
Recovery of stolen vehicle
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
98.859
Maximum rates for towing
98.860
Conditions for release of vehicle to insurance company undertaking to adjust claim
98.861
Licenses for towing
98.862
Exceptions to requirements of ORS 98.856
98.991
Penalties relating to unclaimed property
98.992
Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436
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