2015 ORS 783.090¹
Discharge of boat or vessel on giving of undertaking

If the master, owner, agent or consignee, before final judgment in any action commenced in pursuance of ORS 783.030 (Right to proceed against boat or vessel directly) and 783.040 (Complaint), enters into an undertaking in favor of the plaintiff, with sufficient security, to be approved by the judge or clerk of the court in which the action is pending, conditioned to satisfy the amount which is adjudged due and owing to the plaintiff on determination of the action, together with all costs accruing, such boat or vessel, with its tackle, apparel and furniture, shall be discharged from further detention by the sheriff.

Notes of Decisions

Statute, when construed to permit owner to obtain post-seizure hearing to challenge legality of seizure, validity of claim or amount claimed in order to fix amount of undertaking necessary to release vessel, does not violate constitu­tional due process require­ments. Rocky B. Fisheries v. North Bend Fabrica­tion & Machines, Inc., 66 Or App 625, 676 P2d 319 (1984), Sup Ct review denied

Chapter 783

Notes of Decisions

There is nothing in this chapter which provides for different pro­ce­dures where owners of vessel are named in complaint as well as vessel itself. Paddack v. Rasmussen, 59 Or App 290, 650 P2d 1036 (1982), aff'd 294 Or 599, 660 P2d 677 (1983)

Procedures provided by this chapter meet funda­mental due process require­ments of adequate notice and opportunity to be heard. Rocky B. Fisheries v. North Bend Fabrica­tion & Machines, Inc., 66 Or App 625, 676 P2d 319 (1984), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 783—Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors783.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 783, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano783.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.