Chapter 43 Oregon Laws 2001

AN ACT

HB 2030

Relating to tax collection; amending ORS 311.640.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 311.640 is amended to read:

311.640. (1)(a) Each year, the tax collector [shall] may collect taxes on personal property that are delinquent by seizure and sale of any of the following personal property:

(A) The personal property assessed.

(B) The taxable personal property belonging to or in the possession or control of the person assessed.

(b) No personal property that is subject to taxation shall be exempt from seizure and sale for the payment of personal property taxes.

(2)(a) Immediately upon taking the personal property into possession, the tax collector shall:

(A) Notify, by mail, the owner, or person in possession or control of the personal property at the time of the seizure. If the name and address of the owner or the person in control or possession of the property is unknown to the tax collector, the tax collector shall notify the person to whom the personal property was assessed at the address noted upon the tax roll. If the personal property was not assessed, and the owner or person in possession or control of the personal property at the time of the seizure is unknown to the tax collector, no notice need be given under this subparagraph.

(B) Notify, by mail, all security interest holders and other encumbrancers of record, at their addresses as shown in the records of encumbrance. If no addresses appear in the records of encumbrance, no mailing is required under this subparagraph.

(C) Advertise the seized property for sale by posting written or printed notices of the time and place of sale in three public places in the county not less than 10 days prior to the sale. Failure to give or post the notices required by this paragraph shall not invalidate the sale. However, the owner, encumbrancer or other injured person shall have recourse against the tax collector for damages.

(b) The notice under paragraph (a) of this subsection shall:

(A) Describe the personal property seized.

(B) State the total amount of personal property taxes due and delinquent, the date of delinquency, the rate of interest and the date the interest begins to run.

(C) State that if the personal property taxes, interest, penalties and costs are not paid the property will be sold at public vendue, and the date and hour of sale.

(D) State either that the property seized is the property assessed or is property assessed as the same category, or that the property seized is distrained under ORS 311.405 (3)(a)(B).

(c) If payment of the personal property taxes, interest, penalties and costs is made before the time fixed for sale, the tax collector shall release the seized property.

(d) If any person disputes the statements contained in the notice described in this subsection or the personal property tax lien priority, the burden of proving the statements contained in the notice or the priority of the personal property tax lien shall be on the tax collector.

(e) If it is determined that the seized property is exempt or nontaxable or that the taxpayer has no interest in the property, or that the taxes on that property have been paid, the tax collector shall release the property. However, if it is determined that the taxpayer has an interest in the property and that the property is taxable and is not exempt from seizure and sale, the tax collector shall proceed to sell the property at public vendue unless the taxes are paid as provided in paragraph (c) of this subsection.

(3) At the sale the person offering to pay the amount of taxes, interest and penalties due on the personal property for the least quantity of the personal property shall be the purchaser of that quantity, and the remainder of the property shall be discharged from the lien. If no bidder at the sale offers to pay the amount due against the property at the time set for the sale or at any adjournment of the sale, title to the personal property shall immediately vest in the county free and clear of all liens and encumbrances. Thereafter, the county governing body may sell the personal property, or any part of the personal property, at private sale, without further notice, for a price and on such terms as the governing body considers reasonable. Any sale shall be absolute and without right of redemption.

(4) If the amount realized on the sale is in excess of the amount of taxes, interest, penalties and costs due on the personal property, the excess shall be repaid to the person charged with the taxes, interest, penalties and costs. However, if the property is subject to a judgment, mortgage, security interest or other lien or encumbrance of record, the excess shall be paid over to the holder or holders of the judgment, mortgage, security interest or other lien or encumbrance as the interest of the holder or holders may appear.

Approved by the Governor April 6, 2001

Filed in the office of Secretary of State April 6, 2001

Effective date January 1, 2002

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