Chapter 98 — Chapter 98

ORS 98.340 [Repealed by 1957 c.670 §37]

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ORS 98.342 Miscellaneous personal property held for another person. (1) All intangible personal property, not otherwise covered by ORS 98.302 to 98.436 and 98.992, including any income or increment thereon and deducting any lawful charges, that is held or owing in the ordinary course of the holder’s business and has remained unclaimed by the owner for more than three years after it became payable or distributable is presumed abandoned

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ORS 98.346 Reciprocity for property presumed abandoned or escheated under the laws of another state. Specific property described in ORS 98.308 to 98.314, 98.322 to 98.334, 98.338 or 98.342 which is held for or owed or distributable to an owner whose last-known address is in another state by a holder who is subject to the jurisdiction of that state is not presumed abandoned in this state and subject to ORS 98.302 to 98.436 and 98.992 if

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ORS 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

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ORS 98.350 [Repealed by 1957 c.670 §37]

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ORS 98.352 Report of abandoned property. (1) A holder of property presumed abandoned under ORS 98.302 to 98.436 and 98.992 shall deliver to the State Treasurer the report described in subsection (2) of this section and shall pay or deliver to the State Treasurer, for deposit in the Unclaimed Property and Estates Fund, all property presumed abandoned, except that for the following funds the holder is not required to deliver the funds presumed abandoned to the State Treasurer

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ORS 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

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ORS 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

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ORS 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

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ORS 98.360 [Repealed by 1957 c.670 §37]

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ORS 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

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ORS 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

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ORS 98.370 [Repealed by 1957 c.670 §37]

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ORS 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

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ORS 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]

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ORS 98.379 Retention of abandoned military medals; transfer of custody; rules. (1) As used in this section

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ORS 98.380 [Repealed by 1957 c.670 §37]

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ORS 98.382 Sale of unclaimed or escheated property; methods; rules. (1)(a) The State Treasurer shall sell all unclaimed property delivered to the State Treasurer under ORS 98.352, except money, securities and digital assets, and all personal property delivered to the State Treasurer by escheat, to the highest bidder at public sale by the method and at the location that the State Treasurer determines are the most favorable for receiving the highest price for the property involved. The State Treasurer may decline the highest bid and reoffer the property for sale if the State Treasurer considers the price bid insufficient. The State Treasurer need not offer any property for sale if, in the State Treasurer’s opinion, the probable cost of sale exceeds the value of the property

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ORS 98.384 Destruction or disposition of unclaimed or escheated property. If the State Treasurer determines after investigation that any property delivered under ORS 98.352 or personal property delivered by escheat 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; 2025 c.463 §14]

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ORS 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

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ORS 98.388 [1969 c.594 §66; 1983 c.716 §17; 1993 c.694 §16; 2019 c.678 §21; repealed by 2021 c.424 §9]

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ORS 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

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ORS 98.390 [Repealed by 1957 c.670 §37]

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ORS 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

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ORS 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

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ORS 98.400 [Repealed by 1957 c.670 §37]

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ORS 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

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ORS 98.406 [1957 c.670 §24; 1983 c.716 §21; repealed by 1993 c.694 §39]

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ORS 98.410 [Repealed by 1957 c.670 §37]

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ORS 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

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ORS 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

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ORS 98.418 [1983 c.716 §40; repealed by 1985 c.336 §1]

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ORS 98.420 [Repealed by 1957 c.670 §37]

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ORS 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]

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ORS 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

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ORS 98.426 [1957 c.670 §§28,35; 1983 c.716 §25; repealed by 1993 c.694 §39]

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ORS 98.430 [Repealed by 1957 c.670 §37]

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ORS 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]

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ORS 98.436 Short title. This Act may be cited as the Uniform Disposition of Unclaimed Property Act. [1957 c.670 §1]

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ORS 98.440 [Repealed by 1957 c.670 §37]

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ORS 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

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ORS 98.470 Definitions for ORS 98.470 to 98.490. As used in ORS 98.470 to 98.490, unless the context requires otherwise

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ORS 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]

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ORS 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

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ORS 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]

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ORS 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]

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ORS 98.510 [Repealed by 1969 c.354 §2]

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ORS 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

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ORS 98.520 Notice of crime of unauthorized appropriation of shopping carts; recovery of abandoned shopping carts. (1) A local government in an ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 98.515 shall provide that a person that supplies shopping carts for public use at the person’s business shall

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ORS 98.610 [Amended by 1991 c.331 §24; repealed by 1995 c.733 §74]

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