reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.348 - Recovery of abandoned property by another state; form of claim; indemnification of this state.

(1) 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:
(a) 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 abandoned under ORS 98.302 to 98.436 and 98.992; and the other state establishes that the last-known address of the apparent owner or other person entitled to the property was in that state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state.
(b) The last-known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder, is in the other state and under the laws of that state the property has escheated to or become subject to a claim of abandonment by that state.
(c) The records of the holder were erroneous in that they did not accurately reflect the owner of the property and the last-known address of the owner is in the other state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state.
(d) The property was subjected to custody by this state and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state.
(e) The property is the sum payable on a traveler’s check, money order or other similar instrument that was subjected to custody by this state under ORS 98.309, and the instrument was purchased in the other state and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state.
(2) The claim of another state to recover escheated or unclaimed property must be presented in a form prescribed by the State Treasurer. The State Treasurer shall decide the claim within 90 days after it is presented.
(3) The State Treasurer shall require a state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim for the property. [1983 c.716 §36; 1993 c.694 §5; 2019 c.678 §9]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.353 - Information on filing report.

(1) 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:
(a) The types of property, tangible and intangible, that are subject to reporting;
(b) Persons who typically hold, knowingly or unknowingly, unclaimed property;
(c) Record keeping requirements for persons holding unclaimed property; and
(d) Any penalties for failing to comply with the provisions of ORS 98.302 to 98.436.
(2) The State Treasurer shall coordinate with:
(a) The Department of Consumer and Business Services, the Department of Revenue and the office of the Secretary of State in determining which persons are required to file a report under ORS 98.352 or who may make a claim under ORS 98.392; and
(b) The Department of Consumer and Business Services, the Department of Revenue and the Employment Department to include information about unclaimed property reporting requirements and claims in the regular mailings of the departments and in electronic communications and resources. [2001 c.302 §2; 2003 c.7 §2; 2019 c.678 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.354 - Records of ownership or issuance of instruments to be maintained.

(1) 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 the State Treasurer.
(2) Any business association that sells in this state traveler’s checks, money orders or other similar written instruments, other than third party bank checks on which the business association is directly liable, or that provides such instruments to others for sale in this state, shall maintain a record of those instruments while they remain outstanding, indicating the state and date of issue, for five years after the date the property has been remitted to the State Treasurer. [1983 c.716 §38; 1993 c.694 §7; 1995 c.219 §1; 2001 c.302 §8; 2019 c.678 §12]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.356 - Notice and publication of lists of unclaimed property; rules.

(1) 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 manner, but shall complete publication of all such accounts within one year of remittance.
(2) The State Treasurer is not required to publish in such notice any item of less than $100 unless the State Treasurer deems such publication to be in the public interest.
(3) This section is not applicable to sums payable on traveler’s checks or money orders presumed abandoned under ORS 98.309.
(4) The State Treasurer shall undertake reasonable efforts to locate owners of unclaimed property reported under ORS 98.352. The costs of such efforts may be deducted from the proceeds that are paid to the owners when and if an owner is located. The State Treasurer shall specify, by rule, a maximum percentage of costs that may be deducted from a verified claim for unclaimed property.
(5) The State Treasurer may not disclose to the general public any confidential information provided by the Department of Revenue from taxpayer returns. [1957 c.670 §14; 1967 c.357 §3; 1983 c.716 §10; 1989 c.183 §1; 1993 c.694 §8; 1997 c.134 §1; 2003 c.253 §5; 2019 c.678 §13]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.362 - Delivery of unclaimed securities or distributions.

(1) 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:
(a) The original certificate shall be delivered to the State Treasurer when it is held or controlled by the holder.
(b) A duplicate certificate shall be issued to the State Treasurer when the holder does not hold or control the original.
(2) After issuance of a duplicate certificate under subsection (1) of this section, the rights of a protected purchaser of the original certificate are governed by ORS 78.4050. In such event, the protected purchaser may seek recovery against the State Treasurer to the extent allowed under the Oregon Constitution. [1957 c.670 §15; 1967 c.357 §4; 1983 c.716 §11; 1985 c.403 §2; 1993 c.694 §9; 1995 c.328 §70; 2019 c.678 §14; 2023 c.238 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.366 - Relief from liability by payment or delivery.

(1) 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 may arise in respect to the property.
(2) A holder who has paid money to the State Treasurer under ORS 98.352 may make payment to any person appearing to the holder to be entitled to payment. The State Treasurer shall reimburse the holder within 60 days of receiving proof that payment was made to a person who appeared to the holder to be entitled to payment without imposing any fee or other charge. [1957 c.670 §16; 1983 c.716 §12; 1993 c.694 §10; 2019 c.678 §15]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.372 - Income accruing on unclaimed property after delivery to State Treasurer.

(1) 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.
(2) 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 paid or delivered to the State Treasurer and the date the property is sold under ORS 98.382.
(3) Any distribution or income received by the State Treasurer under subsection (2) of this section may be deposited under ORS 98.386. The State Treasurer is not obligated to reinvest any distribution or income into the corpus of the unsold property. [1957 c.670 §17; 1983 c.716 §13; 1993 c.694 §11; 2019 c.678 §16; 2023 c.238 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 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 deliver unclaimed property to the State Treasurer. This section does not affect any property interests that vested prior to August 20, 1957. [1957 c.670 §18; 1983 c.716 §14; 1993 c.694 §12; 2019 c.678 §17]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.379 - Retention of abandoned military medals; transfer of custody; rules.

(1) As used in this section:
(a) "Armed Forces of the United States" has the meaning given that term in ORS 366.931.
(b) "Descendant" has the meaning given that term in ORS 111.005.
(c) "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.
(d) "Service member" means the person to whom a military medal was initially awarded by the Armed Forces of the United States.
(2) Notwithstanding ORS 98.382 and 98.384, the State Treasurer may not sell or destroy a military medal. Except as provided in subsection (4) of this section, upon receiving a military medal, the State Treasurer shall retain the military medal until a claim is filed for the military medal by a service member or by a descendant of a deceased service member.
(3) The State Treasurer may make a photograph or other visual depiction of the military medal available to the public, together with any information in the records of the holder, excluding Social Security numbers, that the State Treasurer determines is necessary to facilitate the identification and location of a service member or a descendant of a deceased service member.
(4) The State Treasurer may deliver a military medal to one of the following custodians if the recipient custodian agrees in writing to retain the military medal for the service member or a descendant of a deceased service member:
(a) A military veterans’ organization qualified under section 501(c)(19) of the Internal Revenue Code;
(b) The agency that awarded the military medal;
(c) A state or federal agency; or
(d) The Oregon Military Museum established under ORS 396.555.
(5) If the State Treasurer transfers custody of a military medal as provided in subsection (4) of this section, the State Treasurer is relieved of any duty to safeguard the military medal.
(6) The State Treasurer may adopt rules to implement the provisions of this section, including:
(a) Identifying procedures the State Treasurer must take to reasonably identify a service member or a descendant of a deceased service member.
(b) Specifying documentation necessary for a service member or a descendant of a deceased service member to submit a claim for a military medal.
(c) Prioritizing claims if more than one of a deceased service member’s descendants submits a claim for a military medal. [2018 c.91 §2; 2019 c.384 §15; 2019 c.678 §79]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.384 - Destruction or disposition of unclaimed property.

If the State Treasurer determines after investigation that any property delivered under ORS 98.352 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 or on account of any action taken by the State Treasurer pursuant to this section. [1983 c.716 §37; 1993 c.694 §14; 2019 c.678 §19]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.386 - Deposit of funds.

(1) 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 address of each person appearing from the holders’ reports to be entitled to the unclaimed property and the name and last-known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of a life insurance corporation, its number, the name of the corporation, and the amount due.
(2) Any amounts identified as lawyer trust account funds in the report required by ORS 98.352 shall be paid or delivered by the holder to the Oregon State Bar along with a copy of the report. All amounts paid or delivered to the Oregon State Bar under this section are continuously appropriated to the Oregon State Bar and may be used only for the funding of legal services provided through the Legal Services Program established under ORS 9.572, the payment of claims allowed under ORS 98.392 (2) and the payment of expenses incurred by the Oregon State Bar in the administration of the Legal Services Program.
(3) Before making a deposit to the credit of the Unclaimed Property and Estates Fund, the State Treasurer may deduct:
(a) Any costs in connection with sale of unclaimed property;
(b) Any costs of mailing and publication in connection with efforts to locate owners of unclaimed property as prescribed by rule; and
(c) Reasonable service charges. [1957 c.670 §20; 1983 c.716 §16; 1989 c.183 §2; 1993 c.694 §15; 2009 c.462 §2; 2019 c.678 §20; 2021 c.424 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.389 - Unclaimed Property and Estates Fund; transfers from fund.

(1) There is established the Unclaimed Property and Estates Fund, separate and distinct from the General Fund.
(2) The Unclaimed Property and Estates Fund consists of:
(a) Unclaimed property, including the proceeds of unclaimed property, under ORS 98.302 to 98.436;
(b) Penalties related to unclaimed property assessed under ORS 98.992;
(c) Estates escheated to the state under ORS 112.055 and subject to claims under ORS 116.253;
(d) Moneys in accounts that escheat to the state under ORS 708A.430 (5) or 723.466 (5);
(e) Moneys transferred to the fund by the Department of State Lands from the Unclaimed Property School Fund under ORS 273.108;
(f) Other moneys appropriated or transferred to the Unclaimed Property and Estates Fund by the Legislative Assembly or by operation of law; and
(g) Interest earned by the fund.
(3) Moneys in the fund are continuously appropriated to the State Treasurer for:
(a) The costs of administering unclaimed property under ORS 98.302 to 98.436;
(b) The costs of administering estates under ORS 113.235;
(c) The payment of valid claims to abandoned property made under ORS 98.392;
(d) The payment of valid claims for escheated property under ORS 116.253; and
(e) The costs of administering the fund.
(4) Before July 1 of each year, the State Treasurer shall transfer from the Unclaimed Property and Estates Fund:
(a) To the Common School Fund, all moneys and properties of escheated estates for which any claim has elapsed under ORS 116.253; and
(b) To the Unclaimed Property School Fund, all remaining moneys and properties in the Unclaimed Property and Estates Fund, except for the amount that the State Treasurer anticipates requiring to meet the expenses and liabilities of the Unclaimed Property and Estates Fund until the end of the following fiscal year, including transfers under paragraph (a) of this subsection. [2021 c.424 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.392 - Claiming unclaimed property; lawyer trust account funds; rules.

(1) 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 the claim is for securities and the person does not surrender the original certificate to the State Treasurer.
(2) If a claim is filed under this section for amounts identified as lawyer trust account funds in the report required by ORS 98.352, the State Treasurer shall forward the claim to the Oregon State Bar for review and for payment by the Oregon State Bar if the claim is allowed. The State Treasurer and the Oregon State Bar shall adopt rules for the administration of claims subject to this subsection. [1957 c.670 §21; 1977 c.609 §1; 1983 c.716 §18; 1991 c.213 §1; 1993 c.694 §17; 1997 c.85 §1; 2009 c.462 §3; 2019 c.678 §22]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.396 - Determination of claim; payment; reimbursement.

(1) 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 a public record.
(2) If the claim allowed is for property deposited in the Unclaimed Property and Estates Fund, the State Treasurer shall return the property or make payment of the proceeds of the sale of the property to the claimant.
(3) If the claim allowed is for funds deposited in the General Fund, the State Treasurer shall pay the claim from the fund against which the check or order represented in the claim was issued. [1957 c.670 §22; 1983 c.716 §19; 1989 c.183 §3; 1993 c.694 §18; 2019 c.678 §23; 2021 c.424 §12]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.402 - Hearing on claim; petition to compel action.

(1) 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.
(2) 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 act. [1957 c.670 §23; 1983 c.716 §20; 2003 c.272 §5; 2019 c.678 §24]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.412 - Verified report; examination of records; failure to maintain records.

(1) 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.
(2) 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 provisions of ORS 98.352. The State Treasurer may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this section.
(3) To the extent possible, the State Treasurer shall enter into agreements with state and federal agencies that regularly examine the records of financial institutions, trust companies, financial holding companies and bank holding companies, as defined in ORS 706.008, and of subsidiaries of such financial institutions, trust companies, financial holding companies and bank holding companies. Under the agreements, the state and federal agencies shall examine the records of the financial institution, trust company, financial holding company, bank holding company or subsidiary to determine compliance with ORS 98.352. If a state or federal agency does not enter into an agreement with the State Treasurer under this subsection, the State Treasurer shall conduct the examination of the records of financial institutions, trust companies, financial holding companies and bank holding companies to determine compliance with ORS 98.352.
(4) If a holder fails to maintain the records required by ORS 98.354 and the records of the holder available for the periods subject to ORS 98.302 to 98.436 and 98.992 are insufficient to permit the preparation of a report, the State Treasurer may issue a finding that requires the holder to report and pay the amounts that the State Treasurer reasonably estimates from the report and available records.
(5) In addition to the information required under ORS 183.413 and 183.415, the State Treasurer shall provide a holder subject to findings under subsection (4) of this section with information about opportunities to resolve disputes through a collaborative dispute resolution process in lieu of a contested case hearing under ORS 183.413 to 183.470. [1957 c.670 §25; 1983 c.716 §22; 1993 c.694 §20; 1997 c.480 §§1,1a; 2001 c.377 §41; 2003 c.272 §6; 2019 c.678 §25]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.416 - Proceeding to compel delivery of unclaimed property; interest.

(1) 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.
(2) 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 Treasurer determines interest should have been paid. Interest shall be paid at the rate set by the Director of the Department of Revenue pursuant to ORS 305.220 (1) and (3). [1957 c.670 §26; 1983 c.716 §23; 1993 c.694 §26; 2003 c.272 §7; 2019 c.678 §26]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 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. [1957 c.670 §27; 1983 c.716 §25; 2019 c.678 §27]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.424 - Agreements with other states; exchange of information; rules; Attorney General action in name of other state.

(1) 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 information needed to enable compliance with agreements made pursuant to this section and prescribing the form for making a claim of custody under ORS 98.348.
(2) Before adopting, amending or repealing any rules under this section, to avoid conflicts between the State Treasurer’s procedures and the procedures of administrators in other jurisdictions that enact an unclaimed property act, consistent with the purposes, policies and provisions of ORS 98.302 to 98.436 and 98.992, the State Treasurer shall advise and consult with administrators in other jurisdictions that enact a substantially similar unclaimed property act and take into consideration the rules of administrators in other jurisdictions that enact an unclaimed property act.
(3) The State Treasurer may join with other states to seek enforcement of ORS 98.302 to 98.436 and 98.992 against any person who is or may be holding property reportable under ORS 98.352.
(4) At the request of another state, the Attorney General of this state may bring an action in the name of another state to enforce the unclaimed property laws of the other state against a holder in this state of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the Attorney General in bringing the action, including attorney fees.
(5) The State Treasurer, through the Attorney General of this state, may request the attorney general of another state or any other person to bring an action in the other state in the name of the State Treasurer against the holder of property in the other state that is subject to escheat or a claim of abandonment by this state. This state shall pay all expenses including attorney fees in any action under this subsection. Any expenses paid pursuant to this subsection may not be deducted from the amount that is subject to the claim by the owner under ORS 98.302 to 98.436 and 98.992.
(6) The State Treasurer may not disclose to any other state any confidential information provided by the Department of Revenue from taxpayer returns. [1983 c.716 §39; 1985 c.403 §3; 1993 c.694 §21; 2019 c.678 §28]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 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. [1957 c.670 §2]
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 98.432, 98.436 and 98.991. The sections for which substitution otherwise would be made may be determined by referring to the 1957 Comparative Section Table located in Volume 22 of ORS.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.436 - Short title.

This Act may be cited as the Uniform Disposition of Unclaimed Property Act. [1957 c.670 §1]
Note:
See note under 98.432.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.450 - Unordered goods presumed gifts.

(1) 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.
(2) If a person deliberately and intentionally mails or sends goods, newspapers, or periodicals of a value in excess of $20 to a person in this state without first receiving an order for such items, the items are presumed to be a gift. [1969 c.354 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.470 - Definitions for ORS 98.470 to 98.490.

As used in ORS 98.470 to 98.490, unless the context requires otherwise:
(1) "Customer" means any person who causes a molder to:
(a) Fabricate, cast or otherwise make a mold; or
(b) Use a mold to manufacture, assemble or otherwise make any product.
(2) "Mold" includes any die, mold or form used to manufacture, assemble or otherwise make any product.
(3) "Molder" means any person including, but not limited to a tool or die maker, who:
(a) Fabricates, casts or otherwise makes a mold; or
(b) Uses a mold to manufacture, assemble or otherwise make any product. [1981 c.333 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 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. [1981 c.333 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.480 - Notice to customer; contents.

(1) 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.
(2) The notice required by subsection (1) of this section shall state that the molder intends to terminate all of the customer’s rights, title and interest in the mold unless the customer:
(a) Responds within 120 days from the date the notice was mailed; and
(b) Arranges with the molder that the customer shall take possession of the mold or that the molder shall store the mold for the customer. [1981 c.333 §3; 1991 c.249 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 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. [1981 c.333 §4; 2001 c.863 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 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. [1981 c.333 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.515 - Unauthorized appropriation of shopping carts.

(1) 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.
(2) An ordinance, charter provision, resolution or other regulation enacted or adopted as described in subsection (1) of this section shall substantially conform with the requirements set forth in ORS 98.520. This subsection does not preclude a local government from enacting or adopting an ordinance, charter provision, resolution or other regulation related to persons that supply shopping carts for public use and that are subject to but not in compliance with ORS 98.520 (1).
(3) For purposes of this section, "local government" means a city, county, special district or other public commission, authority or entity organized under state statute or city or county charter. [Formerly 199.890]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.640 - Owner’s duty to remove trees, logs, poles or piling deposited on state highways.

(1) 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 connection with the removal of portions of loads, which removal is pursuant to ORS 810.490.
(2) Any trees, timber, logs, poles or piling so placed or deposited whether pursuant to said permission of a weighmaster, motor carrier enforcement officer or peace officer or accidentally or in violation of this section, or which have fallen, dropped or been blown upon said right of way or said adjacent property, shall be removed by the owner thereof within a period of not more than 30 days. [1953 c.312 §1; 1983 c.338 §884; 1993 c.741 §103]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 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 Department of Transportation, and the department is hereby authorized to remove, destroy, sell or otherwise dispose of the same. [1953 c.312 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 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 highway for the purpose of carrying telegraph, telephone or electric lines or wires. [1953 c.312 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.650 - Owner’s duty to remove trees, logs, poles or piling deposited on county roads.

(1) 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.
(2) Any trees, timber, logs, poles or piling so placed or deposited, accidentally or in violation of this section, or which have fallen, dropped or been blown upon said right of way, shall be removed by the owner thereof within a period of not more than 30 days. [1953 c.339 §1; 1983 c.338 §885]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 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 otherwise dispose of the same. [1953 c.339 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 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 right of way of a county road under authority of ORS 758.010 or 758.020, nor to any county road which is not maintained for public travel by the county court or board of county commissioners of the county in which the road is located. [1953 c.339 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 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:
(1) "Owner of a parking facility" means:
(a) The owner, lessee or person in lawful possession of a private parking facility; or
(b) Any officer or agency of this state with authority to control or operate a parking facility.
(2) "Owner of proscribed property" means the owner, lessee or person in lawful possession of proscribed property.
(3) "Parking facility" means any property used for vehicle parking.
(4) "Proscribed property" means any part of private property:
(a) Where a reasonable person would conclude that parking is not normally permitted at all or where a land use regulation prohibits parking; or
(b) That is used primarily for parking at a dwelling unit. As used in this paragraph, "dwelling unit" means a single-family residential dwelling or a duplex.
(5) "Tower" means a person issued a towing business certificate under ORS 822.205.
(6) "Vehicle" has the meaning given that term in ORS 801.590. [1979 c.100 §2; 1981 c.861 §23; 1983 c.436 §2; 2007 c.538 §9; 2017 c.480 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.810 - Unauthorized parking of vehicle on proscribed property prohibited.

A person may not, without the permission of:
(1) 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.
(2) The owner of proscribed property, leave or park any vehicle on the proscribed property whether or not there is a sign prohibiting or restricting parking on the proscribed property. [1953 c.575 §1; 1979 c.100 §3; 1981 c.861 §24; 1983 c.436 §3; 2007 c.538 §10]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.811 - Notice of parking violation; certificate of nonliability; dismissal of notice.

(1) 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 person, the person is relieved of liability for the violation if, within 30 days from the mailing of the citation or notice, the person:
(a) Submits a certificate of nonliability stating that the vehicle was not in the custody and control of the person, under the terms of an agreement permitting an individual to use a motor vehicle owned by the person, when the alleged violation occurred; and
(b) Provides the name and address of the individual who was in control of the vehicle at the time of the alleged violation.
(2) Upon receipt of the certificate of nonliability and information described in subsection (1) of this section, the owner of the parking facility or the owner of the proscribed property must dismiss the citation or notice with respect to the person and may reissue the citation or notice in the name of the individual in control of the vehicle when the alleged violation occurred. [2009 c.90 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.812 - Towing of unlawfully parked vehicle; lien for towage, care and storage charges; notice requirements.

(1) 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.
(2) A tower is entitled to a lien on a towed vehicle and its contents for the tower’s just and reasonable charges and may retain possession of the towed vehicle and its contents until the just and reasonable charges for the towage, care and storage, subject to subsection (3) of this section, of the towed vehicle have been paid if the tower notifies the local law enforcement agency of the location of the towed vehicle within one hour after the towed vehicle is placed in storage.
(3) A tower may not assess any storage charge against the towed vehicle under subsection (2) of this section that is incurred after:
(a) If the towed vehicle is registered in Oregon, three business days after the vehicle is placed in storage unless, within that time, the tower delivers notice by mail or gives actual notice to the owner of the towed vehicle and to each person with an interest in the vehicle as indicated by the certificate of title.
(b) If the towed vehicle is not registered in Oregon:
(A) Three business days after the vehicle is placed in storage unless, within that time, the tower notifies and requests the title information from the records of the motor vehicle agency for the state in which the towed vehicle is registered.
(B) Three business days from the date of receipt of the records requested under subparagraph (A) of this paragraph unless, within that time, the tower delivers notice by mail or gives actual notice to the owner of the towed vehicle and to each person with an interest in the vehicle as indicated by the requested records.
(4) The lien created by subsection (2) of this section may be foreclosed only in the manner provided by ORS 87.172 (3) and 87.176 to 87.206 for foreclosure of liens arising or claimed under ORS 87.152. [1953 c.575 §2; 1977 c.634 §1; 1979 c.100 §4; 1981 c.861 §25; 1983 c.436 §4; 1993 c.385 §2; 2001 c.424 §1; 2007 c.538 §11; 2009 c.622 §1; 2017 c.480 §2; 2019 c.547 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 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. [1953 c.575 §3; 2007 c.538 §11a]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 98.830 - Towing abandoned vehicle from private property; civil immunity; lien.

(1) 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:
(a) The person affixes a notice to the vehicle stating that the vehicle will be towed if it is not removed;
(b) The notice required by paragraph (a) of this subsection remains on the vehicle for at least 72 hours before the vehicle is towed; and
(c) The person fills out and signs a form that includes:
(A) A description of the vehicle to be towed;
(B) The location of the property from which the vehicle will be towed; and
(C) A statement that the person has complied with paragraphs (a) and (b) of this subsection.
(2) A tower who tows a vehicle pursuant to this section is immune from civil liability for towing the vehicle if the tower has a form described in subsection (1) of this section, filled out by a person purporting to be the owner or a person in lawful possession of the private property from which the vehicle is towed. This subsection does not grant immunity for any loss, damage or injury arising out of any negligent or willful damage to, or destruction of, the vehicle that occurs during the course of the towing.
(3) A vehicle towed under this section is subject to liens, possession and foreclosure by a tower under ORS 98.812 (2) to (4). [1995 c.758 §1; 2007 c.538 §12; 2017 c.480 §4; 2019 c.547 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 098 - Lost, Unclaimed or Abandoned Property; Vehicle Towing › Section 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. [1995 c.758 §4; 2007 c.538 §13a; 2017 c.480 §5]