ORS 819.140¹
Agencies having authority to remove vehicles
  • powers of agency taking custody

(1) This section establishes which agency has the authority to remove and take vehicles into custody under ORS 819.110 (Removal and sale of abandoned vehicle) and 819.120 (Immediate custody and removal of vehicle constituting hazard). The agency with authority for removal is responsible for notice and hearings under ORS 819.170 (Notice prior to removal) to 819.190 (Hearing to contest validity of removal and custody) and for the sale or disposal of the vehicle under ORS 819.210 (Sale of vehicle not reclaimed) or 819.220 (Disposal of vehicle without notice and public auction). Authority for removal of a vehicle depends on the location of the vehicle as described under the following:

(a) If a vehicle is upon the right of way of a state highway, on an interstate highway that is part of the National System of Interstate and Defense Highways established under section 103(e), title 23, United States Code or on state property, the Department of State Police or the Department of Transportation may provide for a vehicle to be taken into custody. When the Department of State Police or the Department of Transportation exercises powers described in this section, the Department of State Police or the Department of Transportation shall notify either the sheriff or an appropriate authority of the county in which the vehicle is located. The authority notified by the Department of State Police or the Department of Transportation shall exercise the powers described in this section in lieu of the Department of State Police or the Department of Transportation and shall exercise authority over the vehicle. Action taken by the Department of State Police or the Department of Transportation under this subsection is not subject to ORS chapter 183. The authority actually providing for the removal of the vehicle is subject to the appropriate procedures upon removal and sale or disposal of the vehicle.

(b) If the vehicle is upon the right of way of a county road or any other highway or property within the boundaries of a county, the sheriff of the county or a county agency with appropriate authority may take the vehicle into custody and exercise the powers relating to authority over the vehicle described in this section.

(c) If the vehicle is on a city street or alley, on an interstate highway or other highway within the boundaries of the city or on any other property within the boundaries of a city, the city police or a city agency with appropriate authority may take the vehicle into custody and exercise the powers relating to authority over the vehicle described in this section.

(2) Except as otherwise provided by this section, an agency taking custody of a vehicle under ORS 819.110 (Removal and sale of abandoned vehicle) or 819.120 (Immediate custody and removal of vehicle constituting hazard) may:

(a) Use its own personnel, equipment and facilities for the removal and preservation of such vehicles; or

(b) Hire or otherwise engage other personnel, equipment and facilities for that purpose. [1983 c.338 §420; 1985 c.16 §222; 1995 c.758 §10; 2003 c.819 §1]

Atty. Gen. Opinions

Under Former Similar Statute

Due process require­ments of pro­ce­dures for removal by State Police of abandoned and illegally parked vehicles from right of way of state or interstate highway or from state prop­erty, (1981) Vol 41, p 474

1 Legislative Counsel Committee, CHAPTER 819—Destroyed, Totaled, Abandoned, Low-Value and Stolen Vehicles; Vehicle Identification Numbers; Vehicle Appraisers, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors819.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 819, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­819ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information