ORS 98.245
Disposition of unclaimed property

  • notice of pending disposition
  • procedure

(1)

As used in this section:

(a)

“Removing authority” means a sheriff’s office, a municipal police department, a state police office, the Department of Corrections, a law enforcement agency created by intergovernmental agreement or a port as defined in ORS 777.005 (Definitions for ORS 777.005 to 777.725 and 777.915 to 777.953) or 778.005 (Definitions).

(b)

“Unclaimed property” means personal property that was seized by a removing authority as evidence, abandoned property, found property or stolen property, and that has remained in the physical possession of that removing authority for a period of more than 60 days following conclusion of all criminal actions related to the seizure of the evidence, abandoned property, found property or stolen property, or conclusion of the investigation if no criminal action is filed.

(2)

Notwithstanding ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title), and in addition to any other method provided by law, a removing authority may dispose of unclaimed property as follows:

(a)

An inventory describing the unclaimed property shall be prepared by the removing authority.

(b)

The removing authority shall publish a notice of intent to dispose of the unclaimed property described in the inventory prepared pursuant to paragraph (a) of this subsection. The notice shall be posted in three public places in the jurisdiction of the removing authority, and shall also be published in a newspaper of general circulation in the jurisdiction of the removing authority. The notice shall include a description of the unclaimed property as provided in the inventory, the address and telephone number of the removing authority and a statement in substantially the following form:
The (removing authority) has in its physical possession the unclaimed personal property described below. If you have any ownership interest in any of that unclaimed property, you must file a claim with the (removing authority) within 30 days from the date of publication of this notice, or you will lose your interest in that property.

(c)

A copy of the notice described in paragraph (b) of this subsection shall also be sent to any person that the removing authority has reason to believe has an ownership or security interest in any of the unclaimed property described in the notice. A notice sent pursuant to this paragraph shall be sent by regular mail to the last known address of the person.

(d)

Prior to the expiration of the time period stated in a notice issued pursuant to this section, a person may file a claim that presents proof satisfactory to the removing authority issuing the notice that the person is the lawful owner or security interest holder of any property described in that notice. The removing authority shall then return the property to that person.

(e)

If a removing authority fails to return property to a person that has timely filed a claim pursuant to paragraph (d) of this subsection, the person may file, within 30 days of the date of the failure to return the property, a petition seeking return of the property to the person. The petition shall be filed in the circuit court for the county in which the removing authority is located. If one or more petitions are filed, the removing authority shall hold the property pending receipt of an order of the court directing disposition of the property or dismissing the petition or petitions with prejudice. If the court grants the petition, the removing authority shall turn the unclaimed property over to the petitioner in accordance with the order.

(f)

Unless the removing authority or court upholds the claim or petition under paragraph (d) or (e) of this subsection, title to all unclaimed property described in a notice issued pursuant to this section shall pass to the removing authority free of any interest or encumbrance thereon in favor of any person who has:

(A)

A security interest in the property and to whom the removing authority mailed a copy of the notice described in paragraph (b) of this subsection in accordance with paragraph (c) of this subsection; or

(B)

Any ownership interest in the property.

(g)

The removing authority may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts and governmental agencies. Any department, agency or officer of the state or any political subdivision whose official functions include the issuance of certificates or other evidence of title shall be immune from civil or criminal liability when such issuance is pursuant to a bill of sale issued by the removing authority. [1997 c.480 §2; 2003 c.693 §13; 2021 c.206 §7]

Source: Section 98.245 — Disposition of unclaimed property; notice of pending disposition; procedure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html.

98.005
Rights and duties of finder of money or goods 98.015
Liability of noncomplying finder 98.025
Rights of owner 98.045
Applicability to unclaimed prepaid transportation cards 98.050
Finder’s reports 98.110
Record to be kept by consignee or bailee of property 98.120
Notice to owner of receipt of property by consignee or bailee 98.130
Right of custodian to sell property 98.140
Notice of sale 98.150
Affidavit by custodian when no response to notice 98.160
Inventory and order to sell 98.170
Sale 98.180
Delivery of proceeds to justice 98.190
Disposal of proceeds by justice 98.200
Procedure by county treasurer 98.210
Payment to person proving ownership 98.230
Sale of perishable property 98.240
Fees allowed to justice of peace and constable or sheriff 98.245
Disposition of unclaimed property 98.302
Definitions for ORS 98.302 to 98.436 98.304
Intangible property subject to custody of state 98.308
Intangible property held by financial institution 98.309
Traveler’s check or money order presumed abandoned 98.311
Service charge on unclaimed property 98.314
Unclaimed funds held by insurance companies 98.316
Deposits and refunds held by utilities 98.319
U.S. savings bonds presumed abandoned 98.322
Intangible equity ownership interests in business associations 98.326
Property of business associations or financial institutions held in the course of dissolution 98.328
Property held in safe deposit box 98.329
Delivery of property before presumed abandoned 98.332
Property held by fiduciaries 98.334
Unpaid wages unclaimed by owner 98.336
Property held by government and public authorities 98.338
Credit memo unclaimed by owner 98.342
Miscellaneous personal property held for another person 98.346
Reciprocity for property presumed abandoned or escheated under the laws of another state 98.348
Recovery of abandoned property by another state 98.352
Report of abandoned property 98.353
Information on filing report 98.354
Records of ownership or issuance of instruments to be maintained 98.356
Notice and publication of lists of unclaimed property 98.362
Delivery of certificate of ownership of intangible equity ownership interest 98.366
Relief from liability by payment or delivery 98.372
Income accruing after payment or delivery 98.376
Periods of limitation not a bar 98.379
Retention of abandoned military medals 98.382
Sale of abandoned and unclaimed property 98.384
Destruction or disposition of unclaimed property 98.386
Deposit of funds 98.389
Unclaimed Property and Estates Fund 98.392
Claiming unclaimed property 98.396
Determination of claim 98.402
Hearing on claim 98.412
Verified report 98.416
Proceeding to compel delivery of unclaimed property 98.422
Rules 98.424
Agreements with other states 98.432
Uniformity of interpretation 98.436
Short title 98.450
Unordered goods presumed gifts 98.470
Definitions for ORS 98.470 to 98.490 98.475
Molder may take title to unclaimed mold 98.480
Notice to customer 98.485
Duty to make mold unusable when title not taken 98.490
Effect of written agreement between molder and customer 98.515
Unauthorized appropriation of shopping carts 98.520
Notice of crime of unauthorized appropriation of shopping carts 98.640
Owner’s duty to remove trees, logs, poles or piling deposited on state highways 98.642
Effect of failure to remove trees, logs, poles or piling 98.644
ORS 98.640 and 98.642 inapplicable to certain trees, logs, poles or piling 98.650
Owner’s duty to remove trees, logs, poles or piling deposited on county roads 98.652
Effect of failure to remove trees, logs, poles or piling 98.654
ORS 98.650 and 98.652 inapplicable to certain trees, logs, poles or piling and to certain county roads 98.805
Definitions for ORS 98.810 to 98.818, 98.830 and 98.840 98.810
Unauthorized parking of vehicle on proscribed property prohibited 98.811
Notice of parking violation 98.812
Towing of unlawfully parked vehicle 98.818
Preference of lien 98.820
Towing vehicle from fuel dispensary premises 98.830
Towing abandoned vehicle from private property 98.840
Towing vehicle alternative to procedure in ORS 98.810 to 98.818 98.850
Legislative findings and declaration 98.852
Definitions for ORS 98.853 to 98.862 98.853
Conditions allowing towing 98.854
Prohibitions placed on tower 98.856
Tower responsibility of disclosure to owner or operator of vehicle 98.857
Recovery of stolen vehicle 98.858
Right of owner or person in lawful possession of vehicle to redeem or inspect vehicle, contact tower and obtain property of emergency nature 98.859
Maximum rates for towing 98.860
Conditions for release of vehicle to insurance company undertaking to adjust claim 98.861
Licenses for towing 98.862
Exceptions to requirements of ORS 98.856 98.991
Penalties relating to unclaimed property 98.992
Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436
Green check means up to date. Up to date

Current through early 2024

§ 98.245’s source at oregon​.gov