ORS 176.740
Governor’s proclamation

  • presumption for missing person
  • report of death

(1)

The Governor may proclaim that a natural disaster or an act of war, terrorism or sabotage has caused the death of unknown persons on a specific date at a specific place.

(2)

For the purposes of any civil or administrative proceeding, there is a presumption that a missing person is dead if it is shown that:

(a)

The person was at or near the place described in a proclamation under this section on the date specified in the proclamation; and

(b)

The person’s absence cannot be satisfactorily explained after diligent search.

(3)

In administering the estate of an absentee under ORS chapter 117, the court may enter an order directing the Chief Medical Examiner to submit a report of death to the county registrar for a decedent presumed to be dead under this section. The county registrar may not charge a fee for receiving a report under this subsection or for issuing a copy of a report submitted under this subsection. The Chief Medical Examiner shall indicate on the report of death that the report of death was submitted pursuant to an order entered under this section.

(4)

This section does not establish, limit or abrogate the special peril doctrine. [2003 c.560 §1; 2013 c.366 §69; 2017 c.151 §22]

Source: Section 176.740 — Governor’s proclamation; presumption for missing person; report of death, https://www.­oregonlegislature.­gov/bills_laws/ors/ors176.­html.

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