Title 10, Property Rights and Transactions

(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. (2) As used in this section, “prepaid transport…

(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. (2) The State Treasurer shall adopt by rule a fee charged for copies of finder’s reports that is commensu…

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…

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…

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 …

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…

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…

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…

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…

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 …

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…

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.

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…

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…

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 b…

(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 or 778.005. (b)…

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…

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…

(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…

(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 concerni…

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: (1) There is a valid written contract between the holder and the owner that allows the holder to impose a charge; (2) The service…

(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…

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…

(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) …

(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…

(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…

(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…

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 …

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 afte…

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 …

(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 …

(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…

(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 …

(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. (2) For a credit memo presumed abandoned under subsection (1) of this section, the…

(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 owne…

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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

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…

(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…