13 chapters · 1,171 sections in this title.
ORS 98.005 Rights and duties of finder of money or goods
1.0K chars
(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 w…
ORS 98.015 Liability of noncomplying finder; forfeiture to county of unreclaimed money or goods
0.9K chars
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 t…
ORS 98.025 Rights of owner
0.4K chars
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 co…
ORS 98.045 Applicability to unclaimed prepaid transportation cards
0.7K chars
(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 holders business and that have remained unclaimed by the owner. (2) As used in this section, prepaid transport…
ORS 98.050 Finders reports; rules; fee
0.5K chars
(1) The State Treasurer may compile information or data into finders reports at the request of any person to assist in finding the owners of abandoned or unclaimed property. (2) The State Treasurer shall adopt by rule a fee charged for copies of finders reports that is commensu…
ORS 98.110 Record to be kept by consignee or bailee of property
0.4K chars
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 t…
ORS 98.120 Notice to owner of receipt of property by consignee or bailee
0.5K chars
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 o…
ORS 98.130 Right of custodian to sell property
0.3K chars
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 …
ORS 98.140 Notice of sale
0.7K chars
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 t…
ORS 98.150 Affidavit by custodian when no response to notice
0.5K chars
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 o…
ORS 98.160 Inventory and order to sell
0.5K chars
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…
ORS 98.170 Sale
0.4K chars
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 hig…
ORS 98.180 Delivery of proceeds to justice
0.3K chars
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 …
ORS 98.190 Disposal of proceeds by justice
0.6K chars
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…
ORS 98.200 Procedure by county treasurer
0.3K chars
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.
ORS 98.210 Payment to person proving ownership
0.3K chars
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…
ORS 98.230 Sale of perishable property
0.5K chars
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 p…
ORS 98.240 Fees allowed to justice of peace and constable or sheriff
0.4K chars
A justice of the peace shall receive $9 for each days 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 b…
ORS 98.245 Disposition of unclaimed property; notice of pending disposition; procedure
4.7K chars
(1) As used in this section: (a) Removing authority means a sheriffs 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 or 778.005. (b)…
ORS 98.302 Definitions
5.5K chars
As used in ORS 98.302 to 98.436 and 98.992, unless the context otherwise requires: (1) Apparent owner means the person whose name appears on the records of the holder as the person entitled to property held, issued or owing by the holder. (2) Business association means a nonp…
ORS 98.304 Intangible property subject to custody of state
2.3K chars
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…
ORS 98.308 Intangible property held by financial institution
5.4K chars
(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 ins…
ORS 98.309 Travelers check or money order presumed abandoned
2.6K chars
(1) Subject to subsection (4) of this section, any sum payable on a travelers 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 concerni…
ORS 98.311 Service charge on unclaimed property
0.5K chars
Notwithstanding the provisions in ORS 98.308, a holder may not deduct a service charge or fee or otherwise reduce an owners unclaimed account unless: (1) There is a valid written contract between the holder and the owner that allows the holder to impose a charge; (2) The service…
ORS 98.314 Unclaimed funds held by insurance companies
3.8K chars
(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 ho…
ORS 98.316 Deposits and refunds held by utilities
0.6K chars
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: (1) A deposit made by a subscriber with a utili…
ORS 98.319 U.S. savings bonds presumed abandoned; escheat proceedings
3.9K chars
(1) As used in this section, U.S. savings bonds or bonds means: (a) U.S. savings bonds, series A, B, C, D, E, F, G, H, J and K, and U.S. savings notes, governed by 31 C.F.R. 315; (b) Definitive United States savings bonds, series EE and HH, governed by 31 C.F.R. 353; and (c) …
ORS 98.322 Unclaimed securities or distributions
4.0K chars
(1) As used in this section: (a) Distribution means any dividend, profit distribution, interest, payment on principal, stock dividend, stock distribution, unexchanged share or other sum or thing of value owed under a security to the owner by a holder. (b) Notice means communi…
ORS 98.324 Digital assets; transfer; liquidation; rules
3.0K chars
(1) A digital asset is presumed abandoned three years after the latest owner contact by the apparent owner. (2)(a) If the holder has private keys, credentials or other information necessary to effectuate a transfer of digital assets presumed abandoned, the holder shall report the…
ORS 98.325 Notices to owner of digital assets before abandonment presumed
1.5K chars
(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: (a) The holder…
ORS 98.326 Property of business associations or financial institutions held in the course of dissolution
0.3K chars
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 …
ORS 98.328 Property held in safe deposit box
0.4K chars
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 holders business, which remains unclaimed by the owner for more than two years afte…
ORS 98.329 Delivery of property before presumed abandoned; rules
0.4K chars
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] Note: 98.329 was added to and made …
ORS 98.332 Property held by fiduciaries
1.1K chars
(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 …
ORS 98.334 Unpaid wages unclaimed by owner
0.7K chars
(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. (2) Unpaid wages, including wages represented by unpresen…
ORS 98.336 Wages or property held by government and public authorities
0.9K chars
(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. (2) Intangible property, including uncashed warrants and …
ORS 98.338 Credit memo unclaimed by owner
0.4K chars
(1) A credit memo issued in the ordinary course of an issuers business which remains unclaimed by the owner for more than three years after becoming payable or distributable is presumed abandoned. (2) For a credit memo presumed abandoned under subsection (1) of this section, the…
ORS 98.342 Miscellaneous personal property held for another person
0.6K chars
(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 holders business and has remained unclaimed by the owne…
ORS 98.346 Reciprocity for property presumed abandoned or escheated under the laws of another state
0.8K chars
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 th…
ORS 98.348 Recovery of abandoned property by another state; form of claim; indemnification of this state
2.2K chars
(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: (a) The property was subjected to custody by this state because the records of the holder did not ref…
ORS 98.352 Report of abandoned property
3.7K chars
(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, a…
ORS 98.353 Information on filing report
1.2K chars
(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: (a) The types of property, tangible and intangible, that a…
ORS 98.354 Records of ownership or issuance of instruments to be maintained
0.9K chars
(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 i…
ORS 98.356 Notice and publication of lists of unclaimed property; rules
1.4K chars
(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 inte…
ORS 98.362 Delivery of unclaimed securities or distributions
0.9K chars
(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: (a) The original certificate shall be delivered to the State Treasurer when it is held or co…
ORS 98.366 Relief from liability by payment or delivery
0.8K chars
(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 ext…
ORS 98.372 Income accruing on unclaimed property after delivery to State Treasurer
0.8K chars
(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. (2) The State Treasurer shall credit an owner with any distribution, as defined in ORS 98.322, or any other di…
ORS 98.376 Periods of limitation not a bar
0.6K chars
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 a…
ORS 98.379 Retention of abandoned military medals; transfer of custody; rules
2.5K chars
(1) As used in this section: (a) Armed Forces of the United States has the meaning given that term in ORS 366.931. (b) Descendant has the meaning given that term in ORS 111.005. (c) Military medal means a medal or decoration awarded to a person for military service in the A…
ORS 98.382 Sale of unclaimed or escheated property; methods; rules
3.8K chars
(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 a…