2017 ORS 604.035¹
Property rights applicable to recorded brand
  • transferability
  • evidence of ownership or right of possession

(1) The brand recorded or renewed under ORS 604.027 (Application to record brand) is the exclusive property right of the holder thereof, and the holder has exclusive right to use the brand in accordance with its recordation. The holder may transfer the recorded brand by sale, assignment or otherwise and may bequeath the brand by will or subject to the laws of descent and distribution as personal property.

(2) Proof of a recorded brand is prima facie evidence of the ownership or right to possession of livestock upon which the brand is used in all civil or criminal actions and suits involving an issue of ownership or right to possession of such livestock. Parol evidence is inadmissible to prove a person is a holder of a recorded brand. Evidence of ownership or right to possession of livestock by Oregon brands thereon is inadmissible unless the brands are recorded, and a disputable presumption of ownership arising from possession, common reputation or the exercise of an act of ownership shall prevail. [1981 c.248 §6; 2003 c.575 §2]

1 Legislative Counsel Committee, CHAPTER 604—Brands and Marks; Feedlots, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors604.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.