ORS 506.700
Return of seized property

  • undertaking
  • effect of judgment ordering forfeiture or confiscation

(1)

At any time after the seizure mentioned in ORS 506.695 (Seizure, forfeiture and disposition of fishing gear and vehicles used unlawfully), but before the entry of judgment pursuant to ORS 506.695 (Seizure, forfeiture and disposition of fishing gear and vehicles used unlawfully), the owner of the seized property may require the return thereof upon giving to the agency that seized the property a written undertaking, executed by sufficient surety, to be approved by the court described in ORS 506.695 (Seizure, forfeiture and disposition of fishing gear and vehicles used unlawfully), to the effect that such surety is bound in double the value of the property as determined by the court, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to the plaintiff of such sum as may, for any cause, be recovered against the owner. The owner shall file such written undertaking with the clerk of the court for the county in which the seizure occurred and shall serve a true copy thereof upon the district attorney for the same county.

(2)

If confiscation or forfeiture of such property is required by a judgment of the court under ORS 506.695 (Seizure, forfeiture and disposition of fishing gear and vehicles used unlawfully), the owner shall return the property to the plaintiff. If the owner fails to return the property, any officer described under ORS 506.521 (Enforcement of commercial fishing laws) may maintain an action upon such undertaking, and the clear proceeds shall be deposited with the State Treasury in the Common School Fund. [1977 c.652 §7; 1987 c.858 §8; 1993 c.699 §27; 2009 c.835 §11]

Source: Section 506.700 — Return of seized property; undertaking; effect of judgment ordering forfeiture or confiscation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors506.­html.

506.001
Contents of commercial fishing laws 506.006
General definitions 506.011
Types of marine life defined 506.016
“Salmon” defined 506.025
“Unlawful to buy” defined 506.028
“Conservation” defined 506.031
Effect of wildlife laws on commercial fishing laws 506.036
Jurisdiction of commission 506.045
Fishing rights of treaty Indians not affected 506.050
Federal and state fish cultural operations and scientific investigations 506.109
Food fish management policy 506.119
General duties and powers of commission 506.124
Hatchery practice rules 506.129
Establishing seasons, amounts and manner of taking food fish 506.136
Commission to study and classify food fish and fishing gear 506.142
Authority of Fish Division 506.147
Record keeping regarding food fish commerce 506.154
Duties of director 506.201
Powers of commission in regard to real property 506.211
Acquisition of fish, eggs and larvae for certain purposes 506.213
Coho and chinook salmon hatchery on Oregon coast 506.214
Hatchery Construction Fund 506.215
Maintaining hatcheries in adjoining states 506.220
Erecting markers of closed waters 506.226
Use of electric shock to take adult salmonids for private hatchery permittees prohibited 506.231
Public report of fish hatchery activities 506.241
Commercial fishing vessel fleet reduction program 506.306
Collecting moneys under commercial fishing laws 506.316
Payment of commission expenditures 506.321
Acceptance and use of gifts of money and property to commission 506.405
Powers of commission regarding federal aid for fish and fisheries 506.450
Definitions for ORS 506.450 to 506.465 506.455
Policy 506.460
Developmental fishery species harvest programs 506.462
Review of denial of applications 506.465
Developmental Fisheries Board 506.501
Jurisdiction and authority to enforce commercial fishing laws 506.506
Intent of ORS 506.511 and 506.516 506.511
State police to enforce commercial fishing laws 506.516
Employment of deputy fish wardens by commission 506.518
Appointment of special deputy fish wardens 506.521
Enforcement of commercial fishing laws 506.526
Peace officer powers of director, inspectors and deputies 506.531
Arrests, searches and seizures made on Sunday 506.535
Jurisdiction of courts over commercial fishing law violations 506.540
Payment of rewards 506.550
Search by peace officers to enforce commercial fishing laws 506.555
Issuance of search warrants 506.560
Nonliability of peace officers enforcing commercial fishing laws 506.605
Naming place of offense in complaint, information or indictment 506.610
When possession prima facie evidence of taking fish unlawfully 506.620
Inspections by director or agent 506.625
Compelling testimony in commercial fishing law enforcement proceedings 506.635
Execution for payment of fines and costs 506.690
Seizure, forfeiture and disposition of fish unlawfully taken 506.695
Seizure, forfeiture and disposition of fishing gear and vehicles used unlawfully 506.700
Return of seized property 506.720
Suit for damages 506.750
Policy for ORS 506.755 506.755
Fisheries Conservation Zone 506.800
Names for marketing certain fish and shellfish 506.895
Person aiding in commercial fishing law violation punishable as principal 506.898
Tillamook Bay Clam Advisory Committee 506.991
Criminal penalties 506.995
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 506.700’s source at oregon​.gov