Chapter 98 — Chapter 98

ORS 98.005 Rights and duties of finder of money or goods. (1) If any person finds money or goods valued at $250 or more, and if the owner of the money or goods is unknown, such person, within 10 days after the date of the finding, shall give notice of the finding in writing to the county clerk of the county in which the money or goods was found. Within 20 days after the date of the finding, the finder of the money or goods shall cause to be published in a newspaper of general circulation in the county a notice of the finding once each week for two consecutive weeks. Each such notice shall state the general description of the money or goods found, the name and address of the finder and final date before which such goods may be claimed

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ORS 98.010 [Repealed by 1973 c.642 §13]

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ORS 98.015 Liability of noncomplying finder; forfeiture to county of unreclaimed money or goods. If any person who finds money or goods valued at $250 or more fails to comply with ORS 98.005, the person shall be liable, upon conviction for violation of ORS 164.065, to the county for the money or goods or the full value of the money or goods. The county treasurer shall hold the money or goods or their value for owner thereof and shall publish notice of the finding of the money or goods in the manner provided in ORS 98.005. If the owner has not reclaimed such money or goods within three months after the date of the first publication of notice by the county treasurer, the owner shall forfeit the rights of the owner to the value of such money or goods and the value of such money or goods shall be placed in the general fund of the county to be used for the payment of the general operating expenses of the county. [1973 c.642 §2; 1989 c.522 §2; 2013 c.220 §2]

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ORS 98.020 [Repealed by 1973 c.642 §13]

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ORS 98.025 Rights of owner. If an owner of money or goods found by another person appears and establishes a claim to such money or goods within the time period prescribed by ORS 98.005 or 98.015, whichever applies, the owner shall have restitution of such money or goods or their value upon payment of all costs and charges incurred in the finding, giving of notice, care and custody of such money or goods. [1973 c.642 §3]

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ORS 98.030 [Repealed by 1973 c.642 §13]

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ORS 98.040 [Repealed by 1973 c.642 §13]

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ORS 98.045 Applicability to unclaimed prepaid transportation cards. (1) The provisions of ORS 98.005, 98.015, 98.025 and 98.302 to 98.436 do not apply to prepaid transportation cards that are held or owing in the ordinary course of the holder’s business and that have remained unclaimed by the owner

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ORS 98.050 Finder’s reports; rules; fee. (1) The State Treasurer may compile information or data into finder’s reports at the request of any person to assist in finding the owners of abandoned or unclaimed property

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ORS 98.110 Record to be kept by consignee or bailee of property. When personal property is consigned to or deposited with any forwarding merchant, wharf, warehouse, tavern keeper or the keeper of any depot for the reception and storage of trucks, baggage, merchandise or other personal property, the consignee or bailee shall immediately cause to be entered in a book kept by the consignee or bailee a description of such property, with the date of its reception

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ORS 98.120 Notice to owner of receipt of property by consignee or bailee. If personal property left with a consignee or bailee referred to in ORS 98.110 was not left for the purpose of being forwarded or disposed of according to directions received by the consignee or bailee at or before the time of its reception, and if the name and residence of the owner of the property is known to the person having the property in the possession of the person, the person shall immediately notify the owner, by letter directed to the owner and deposited in the post office, of the reception of such property

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ORS 98.130 Right of custodian to sell property. If personal property deposited with a consignee or bailee as mentioned in ORS 98.110 or 98.120 is not claimed and taken away within one year after the time it was received, the person having possession thereof may at any time thereafter proceed to sell the property in the manner provided in ORS 98.140 to 98.240

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ORS 98.140 Notice of sale. Before property shall be sold pursuant to ORS 98.130, at least 60 days’ notice of sale shall be given the owner of the property, if the name and residence of the owner are known, either personally or by mail, or by leaving a notice at the residence or place of doing business of the owner, or, if the name and residence of the owner is not known, a notice shall be published containing a description of the property for six weeks successively in a newspaper published in the county where the property was deposited. If there is no newspaper published in that county, then the notice shall be published in a newspaper nearest thereto in the state. The last publication of the notice shall be at least 18 days prior to the time of sale

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ORS 98.150 Affidavit by custodian when no response to notice. If the owner or person entitled to the property to be sold pursuant to ORS 98.130 shall not take it away and pay the charges thereon after 60 days’ notice is given, the person having possession thereof, the agent or attorney of the person shall deliver to a justice of the peace of the county where the property was received an affidavit setting forth a description of the property remaining unclaimed, the time of its reception, the publication of the notice, and whether the owner of the property is known or unknown

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ORS 98.160 Inventory and order to sell. Upon the delivery to the justice of the peace of the affidavit as provided in ORS 98.150, the justice shall cause the property to be examined in the presence of the justice, and a true inventory thereof to be made. The justice shall annex to such inventory an order under the hand of the justice that the property therein described be sold at public auction by any constable of the constable district where the property is located, or if there is no constable, then by the county sheriff. [Amended by 1963 c.228 §1]

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ORS 98.170 Sale. The constable or sheriff receiving the inventory and order provided for in ORS 98.160 shall give 10 days’ notice of the sale by posting written notices thereof in three or more places in such constable district, or in the county, and sell the property at public auction to the highest bidder in the same manner as provided by law for sales under execution from justice courts. [Amended by 1963 c.228 §2]

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ORS 98.180 Delivery of proceeds to justice. Upon completing the sale provided for in ORS 98.170, the constable or sheriff making the sale shall indorse upon the order provided for in ORS 98.160 a return of the proceedings. The constable or sheriff shall deliver the order to the justice, together with the inventory and the proceeds of sale, after deducting fees. [Amended by 1963 c.228 §3]

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ORS 98.190 Disposal of proceeds by justice. From the proceeds of the sale provided for in ORS 98.170, the justice shall pay all legal charges that have been incurred in relation to the property, or a ratable proportion of each charge if the proceeds of the sale are not sufficient to pay all the charges; and the balance, if there is any, the justice shall immediately pay over to the treasurer of the county in which the property was sold, and deliver a statement therewith containing a description of the property sold, the gross amount of the sale, and the costs, charges and expenses paid to each person

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ORS 98.200 Procedure by county treasurer. The county treasurer shall make an entry of the amount received by the county treasurer and the time when received, and shall file in the office of the county treasurer the statement delivered to the county treasurer by the justice pursuant to ORS 98.190

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ORS 98.210 Payment to person proving ownership. If the owner of the property sold, or the legal representative of the owner, furnishes satisfactory evidence to the treasurer of ownership of the property deposited in the county treasury pursuant to ORS 98.190, the owner shall be entitled to receive from the treasurer the amount deposited with the treasurer. [Amended by 1957 c.670 §30]

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ORS 98.220 [Repealed by 1957 c.670 §37]

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ORS 98.230 Sale of perishable property. Perishable property consigned or left as mentioned in ORS 98.110, if not reclaimed within 30 days after it was left, may be sold by giving 10 days’ notice thereof. The sale shall be conducted and the proceeds of the sale shall be applied as provided in ORS 98.170 to 98.210. Any property in a state of decay or manifestly liable to immediately become decayed, may, after inspection, be summarily sold by order of a justice of the peace, as provided in ORS 98.160

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ORS 98.240 Fees allowed to justice of peace and constable or sheriff. A justice of the peace shall receive $9 for each day’s service rendered pursuant to ORS 98.160 to 98.230; and a constable or sheriff shall receive the same fees as are allowed by law for sales upon an execution, and 50 cents a folio for making an inventory of property. [Amended by 1963 c.228 §4; 1965 c.619 §33]

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ORS 98.245 Disposition of unclaimed property; notice of pending disposition; procedure. (1) As used in this section

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ORS 98.260 [1967 c.181 §3; repealed by 1985 c.336 §1]

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ORS 98.270 [1967 c.181 §1; repealed by 1985 c.336 §1]

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ORS 98.280 [1967 c.181 §2; repealed by 1985 c.336 §1]

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ORS 98.302 Definitions. As used in ORS 98.302 to 98.436 and 98.992, unless the context otherwise requires

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ORS 98.304 Intangible property subject to custody of state. Unless otherwise provided in ORS 98.302 to 98.436 and 98.992 or by other statute of this state, intangible property is subject to the custody of this state as unclaimed property if the conditions raising a presumption of abandonment under ORS 98.342 are satisfied, and one or more of the following is true

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ORS 98.306 [1957 c.670 §4; 1967 c.357 §1; 1973 c.797 §424; repealed by 1983 c.716 §26]

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ORS 98.308 Intangible property held by financial institution. (1) Notwithstanding ORS 98.324, any demand, savings or matured time deposit with a financial institution, including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, mutual investment certificate or any other interest in a financial institution is presumed abandoned unless the owner, within three years, has done one or more of the following

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ORS 98.309 Traveler’s check or money order presumed abandoned. (1) Subject to subsection (4) of this section, any sum payable on a traveler’s check that has been outstanding for more than 15 years after its issuance is presumed abandoned unless the owner, within 15 years, has communicated electronically or in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file with the issuer

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ORS 98.310 [Repealed by 1957 c.670 §37]

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ORS 98.311 Service charge on unclaimed property. Notwithstanding the provisions in ORS 98.308, a holder may not deduct a service charge or fee or otherwise reduce an owner’s unclaimed account unless

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ORS 98.312 [1957 c.670 §5; repealed by 1983 c.716 §26]

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ORS 98.314 Unclaimed funds held by insurance companies. (1) Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated are presumed abandoned if unclaimed for more than three years after the funds become due and payable as established from the records of the insurance company holding or owing the funds, but property described in subsection (3)(b)(A) of this section is presumed abandoned if unclaimed for more than two years

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ORS 98.316 Deposits and refunds held by utilities. The following funds held or owing by any utility are presumed abandoned if unclaimed by the apparent owner for more than one year after the date of termination of services or when the funds otherwise become payable or distributable

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ORS 98.319 U.S. savings bonds presumed abandoned; escheat proceedings. (1) As used in this section, “U.S. savings bonds” or “bonds” means

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ORS 98.320 [Repealed by 1957 c.670 §37]

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ORS 98.322 Unclaimed securities or distributions. (1) As used in this section

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ORS 98.324 Digital assets; transfer; liquidation; rules. (1) A digital asset is presumed abandoned three years after the latest owner contact by the apparent owner

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ORS 98.325 Notices to owner of digital assets before abandonment presumed. (1) Notwithstanding the notice requirements established under ORS 98.352 (5), the holder of a digital asset presumed abandoned under ORS 98.324, before filing the report under ORS 98.352 with respect to a digital asset, shall provide notice to the owner as follows

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ORS 98.326 Property of business associations or financial institutions held in the course of dissolution. All intangible personal property distributable in the course of a dissolution of a business association or financial institution that is unclaimed by the owner for more than one year after the date for final distribution is presumed abandoned. [1957 c.670 §8; 1983 c.716 §4; 1993 c.694 §41; 2003 c.272 §3]

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ORS 98.328 Property held in safe deposit box. Except property subject to ORS 711.582 and 711.590, all tangible and intangible property held in a safe deposit box or any other safekeeping repository in this state in the ordinary course of the holder’s business, which remains unclaimed by the owner for more than two years after the lease or rental period on the box or other repository has expired, is presumed abandoned. [1983 c.716 §35; 1993 c.694 §3]

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ORS 98.329 Delivery of property before presumed abandoned; rules. A holder, with the written consent of the State Treasurer, and in compliance with rules prescribed by the State Treasurer, may report and deliver property before the property is presumed abandoned. [1993 c.694 §46; 2001 c.302 §3; 2019 c.678 §8]

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ORS 98.330 [Repealed by 1957 c.670 §37]

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ORS 98.332 Property held by fiduciaries. (1) All intangible personal property and any income or increment thereon, held in a fiduciary capacity is presumed abandoned unless the owner has, within three years after it becomes payable or distributable, increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property, or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary

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ORS 98.334 Unpaid wages unclaimed by owner. (1) As used in this section, “wages” means wages, commissions, bonuses or reimbursements to which an employee is entitled as an owner, or other compensation for personal services, other than amounts held in a payroll card

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ORS 98.336 Wages or property held by government and public authorities. (1) As used in this section, “wages” means wages, commissions, bonuses or reimbursements to which an employee is entitled as an owner, or other compensation for personal services, other than amounts held in a payroll card

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ORS 98.338 Credit memo unclaimed by owner. (1) A credit memo issued in the ordinary course of an issuer’s business which remains unclaimed by the owner for more than three years after becoming payable or distributable is presumed abandoned

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