71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 282
Senate Bill 239
Sponsored by Senator NELSON
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows owner of real property where manufactured dwelling or
travel trailer has been abandoned to obtain title if interested
parties fail to remove dwelling or trailer following demand by
property owner. Allows recovery of certain damages. Exempts
dwellings and trailers subject to landlord-tenant law governing
abandonment or left with consignee or bailee.
Allows owner of real property where vehicle has been abandoned
to obtain title if interested parties fail to remove vehicle
following demand by property owner. Allows recovery of certain
damages. Exempts vehicles subject to landlord-tenant law
governing abandonment or left with consignee or bailee.
Allows owner of real property where objects have been abandoned
to dispose of objects if abandoner fails to remove objects
following demand by property owner. Allows recovery of certain
damages. Exempts objects subject to disposition under other
provisions of law.
A BILL FOR AN ACT
Relating to abandoned property.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 2001 Act:
(1) 'Contents' means tangible personal property inside, affixed
to or in close proximity to a manufactured dwelling or travel
trailer. 'Contents' does not include a motor vehicle.
(2) 'Fair market value' means the sale or salvage value of a
manufactured dwelling, travel trailer or contents or, if no sale
or salvage occurs, an alleged value, reduced by any lien,
assessment or other liability declared by the court and
enforceable against the dwelling, trailer or contents.
(3) 'Manufactured dwelling' has the meaning given that term in
ORS 446.003.
(4) 'Property owner' means the owner, lessee or other person in
lawful possession of real property where a manufactured dwelling
or travel trailer is abandoned. 'Property owner' does not include
the owner, lessee or person in lawful possession of property
rented or formerly rented for the siting of the manufactured
dwelling or travel trailer that has been abandoned.
(5) 'Responsible person' means a person that, for the purposes
of causing the abandonment of a manufactured dwelling or travel
trailer, transports the dwelling or trailer to, or places or
causes the placing of the dwelling or trailer on, real property
belonging to another. 'Responsible person' does not include the
registered owner of a manufactured dwelling or travel trailer.
(6) 'Travel trailer' has the meaning given that term in ORS
801.565. + }
SECTION 2. { + (1) A property owner may obtain title to an
abandoned manufactured dwelling or travel trailer under section 3
of this 2001 Act if the abandonment does not occur under
circumstances described in ORS 90.425 (2), 90.675 (2), 98.110 or
98.120. The property owner may also obtain title to the contents
of the manufactured dwelling or travel trailer.
(2) Prior to obtaining title to an abandoned dwelling, trailer
or contents, the property owner must attempt removal of the
dwelling or trailer by giving written notice to each of the
following:
(a) The registered owner of the dwelling or trailer as shown in
the records of the Department of Transportation or, if indicated,
of another jurisdiction;
(b) Each responsible person actually known to the property
owner;
(c) Any person recorded as having a lien on the dwelling or
trailer in the lien records for the county in which the dwelling
or trailer was last lawfully located as shown in the records of
the Department of Transportation or, if indicated, of another
jurisdiction; and
(d) Any other person actually known by the property owner to
have an ownership or lienholder interest in the dwelling, trailer
or contents.
(3) The written notice given by a property owner must:
(a) Identify or describe the dwelling or trailer;
(b) State the street address of the property or otherwise
describe the location of the dwelling or trailer;
(c) State that the property owner may initiate legal process to
obtain ownership of the dwelling, trailer or contents or other
relief if the dwelling or trailer is not removed from the
property; and
(d) Specify the date by which removal of the dwelling or
trailer must be completed.
(4) The date specified for completing removal of the dwelling
or trailer must not be less than 10 calendar days after all
persons described in subsection (2) of this section are given
notice. If notice is sent to any person by mail, the date
specified for completing removal must not be less than 13
calendar days after the date of mailing. The property owner may
impose reasonable restrictions on the removal of the dwelling or
trailer, including, but not limited to, restricting removal to
certain hours and requiring reimbursement of actual costs
incurred by the property owner. The property owner may not
condition the removal of the dwelling or trailer on the payment
of a storage fee.
(5) The property owner shall, when practicable, provide for the
notice to be personally served or to be sent by certified and
first class mail. If personal service or mailing is ineffective
for one or more copies of the notice, the property owner may use
any other method reasonably calculated to provide notice to the
intended recipient.
(6) Any person receiving a notice given under subsection (2) of
this section who removes the dwelling or trailer is immune from
liability for resulting loss to any other person having an
interest in the dwelling, trailer or contents unless the loss is
the result of gross negligence or willful damage.
(7) Notwithstanding any date specified in a notice given under
subsection (2) of this section for completing removal of a
dwelling or trailer, a property owner may, at any time and
without prior notice, cause a dwelling or trailer to be moved to
a different part of the property or to a secure location off the
property if the move is necessary to:
(a) Mitigate an obvious health, safety or environmental hazard;
(b) Prevent interference with ordinary business operations; or
(c) Allow reasonable access to the property.
(8) If the dwelling or trailer is moved under subsection (7) of
this section to a location off the property, the rights of the
property owner under this section and section 3 of this 2001 Act
shall transfer to the owner of the location off the property. If
notice was given by the property owner under subsection (2) of
this section prior to the move, the owner of the location must
extend the removal date specified in the notice by not less than
10 calendar days. Notwithstanding subsection (4) of this section,
if the dwelling or trailer is moved to a location off the
property, the owner of the location may require the payment of a
storage fee as a condition of allowing removal of the dwelling or
trailer. + }
SECTION 3. { + (1) If removal of a manufactured dwelling or
travel trailer is not completed by the date specified in a notice
given under section 2 (2) of this 2001 Act, the property owner
may file an action in the circuit court for the county in which
the dwelling or trailer is located for:
(a) An order declaring the dwelling or trailer, and any
contents, abandoned and authorizing a transfer of title from the
defendant registered owner to the property owner; or
(b) An order compelling the registered owner or other defendant
to remove the dwelling or trailer from the property.
(2) The property owner shall serve a summons on each person who
was given notice under section 2 (2) of this 2001 Act. The
preferences described in section 2 (5) of this 2001 Act regarding
the method of giving notice do not apply to the service of
summonses under this section. The property owner shall also send
a copy of the complaint, by certified mail, return receipt
requested, to:
(a) The tax collector for the county in which the dwelling or
trailer was last lawfully located as shown in the records of the
Department of Transportation or, if indicated, of another
jurisdiction; and
(b) The assessor for the county in which the dwelling or
trailer was last lawfully located as shown in the records of the
Department of Transportation or, if indicated, of another
jurisdiction.
(3) It is not a defense to an action under this section that
the dwelling or trailer was originally placed on the property
with the permission of a person having an interest in the
property. A property owner may not file an action under this
section, however, if the dwelling or trailer is abandoned under
circumstances described in ORS 90.425 (2), 90.675 (2), 98.110 or
98.120. A property owner may not file an action under this
section against a person having a superior interest in the real
property where the dwelling or trailer is located.
(4) If a person having an interest in the dwelling, trailer or
contents files an answer or motion to intervene, the court may
stay the action and allow the person a reasonable opportunity to
remove the dwelling, trailer or contents from the property. If
the court allows an opportunity for removal, it shall specify a
date for completing the removal. The court may require the person
to post a bond sufficient to cover the attorney fees and costs
incurred by the property owner plus any additional compensation
or security that the court deems reasonable.
(5) If the court finds in favor of a property owner seeking an
order described in subsection (1)(a) of this section, the court
shall declare the dwelling or trailer abandoned and issue an
order authorizing a transfer to the property owner of title to
the dwelling or trailer. The court shall also award to the
property owner title to any contents of the dwelling or trailer.
If the court finds in favor of a property owner seeking an order
described in subsection (1)(b) of this section, the court shall
order the registered owner or other defendant to remove the
dwelling or trailer within a reasonable time. If one or more
responsible persons are defendants in the action, the court shall
not order the registered owner to remove the dwelling or trailer
unless removal by a responsible person is not practicable.
(6) A court may, in addition to any other relief granted a
property owner under subsection (5) of this section, enter a
judgment in favor of the property owner for attorney fees and
costs, sales, removal and transportation costs and costs of
repair or remediation of damage to the real property resulting
from the dwelling, trailer or contents having been on the
property. If title to the dwelling, trailer or contents is
transferred to the property owner, a judgment under this
subsection is subject to modification to offset the fair market
value of the dwelling, trailer or contents against the judgment
amount.
(7) Except as otherwise provided in this section, title to a
dwelling, trailer or contents transferred to a property owner
pursuant to an order issued under subsection (5) of this section
is free and clear of any lien, assessment or other liability
unless both the priority and extent of the lien, assessment or
other liability are expressly declared by the court in the order
authorizing transfer of title. The court may limit or condition
the enforcement of a lien, assessment or other liability against
a dwelling, trailer or contents, including, but not limited to,
the collection of delinquent property taxes and assessments under
ORS 308.865. For purposes of ORS 803.094, a court order issued
under subsection (5) of this section constitutes a release of any
interest held by a person other than the property owner, except
to the extent that the interest is expressly preserved in the
order.
(8) An action described in subsection (1) of this section may
be commenced no later than one year after the date that the
property owner first gives the registered owner notice under
section 2 (2) of this 2001 Act to remove the dwelling or trailer.
(9) Notwithstanding the removal of a dwelling or trailer in
response to a notice given under section 2 (2) of this 2001 Act,
a property owner may bring an action against the registered owner
or any responsible person to recover costs of repair or
remediation of damage to the real property resulting from the
dwelling, trailer or contents having been on the property. An
action under this subsection may be commenced no later than one
year after the property owner first gives the registered owner
notice under section 2 (2) of this 2001 Act to remove the
dwelling or trailer.
(10) A registered owner of an abandoned manufactured dwelling
or travel trailer has a defense against an action for money
damages under subsection (6) or (9) of this section if the
registered owner sold the dwelling or trailer in an arm's-length
transaction prior to placement of the dwelling or home on the
real property. + }
SECTION 4. { + (1) If a property owner sells an abandoned
manufactured dwelling, travel trailer or contents in an
arm's-length transaction within one year following issuance of an
order under section 3 (5) of this 2001 Act authorizing a transfer
of title to the dwelling, trailer or contents to the property
owner, the total amount owing in satisfaction of liens,
assessments or other liabilities declared by the court under
section 3 (7) of this 2001 Act is limited to the sale price, less
any expenses incurred by the property owner for attorney fees and
costs, sale, removal and transportation of the dwelling, trailer
or contents and repair or remediation of damage to the real
property resulting from the dwelling, trailer or contents having
been on the property.
(2) Notwithstanding section 3 (7) of this 2001 Act, a person
having an interest in the dwelling, trailer or contents and not
receiving actual notice of an action for an order described in
section 3 (1)(a) of this 2001 Act may, within six months
following a transfer of title to the property owner, seek to have
the decision of the court modified. If the court modifies the
decision and the dwelling, trailer or contents have not been
sold, the person may obtain a lien against the dwelling, trailer
or contents that does not exceed the fair market value at the
time that title was transferred, less the total of:
(a) Depreciation;
(b) Any expenses incurred by the property owner for attorney
fees and costs;
(c) Removal and transportation costs;
(d) Any liens, assessments or other liabilities declared under
section 3 (7) of this 2001 Act; and
(e) Costs of repair or remediation of damage to the real
property resulting from the dwelling, trailer or contents having
been on the property.
(3) If the dwelling, trailer or contents in which the person
had an interest have been sold, a lien created under subsection
(2) of this section is subject to the satisfaction limitation
established under subsection (1) of this section. A lien obtained
under subsection (2) of this section is subordinate to any lien,
assessment or liability declared under section 3 (7) of this 2001
Act.
(4) A property owner is not liable to a dwelling or trailer
owner, contents owner, lienholder, taxing entity or other person
for economic or other loss resulting from actions taken in
compliance with section 2 or 3 of this 2001 Act. + }
SECTION 5. { + If there is no identification number on a
manufactured dwelling or travel trailer and there are no
registration plates and no other markings through which the
property owner could determine the identity of the registered
owner of the dwelling or trailer, the property owner may bring an
action for an order described in section 3 (1)(a) of this 2001
Act without providing notice to or serving summons on persons
described in section 2 (2)(a) and (c) of this 2001 Act and
without sending of a copy of the complaint as described under
section 3 (2) of this 2001 Act. The court may issue an order
authorizing a transfer of title to the dwelling, trailer or
contents as though the property owner timely complied with the
provisions of section 2 (2)(a) and (c) and 3 (2) of this 2001
Act. + }
SECTION 6. { + (1) As used in sections 6 to 9 of this 2001
Act:
(a) 'Contents' means tangible personal property inside, affixed
to or in close proximity to a motor vehicle.
(b) 'Fair market value' means the sale or salvage value of a
motor vehicle or contents or, if no sale or salvage occurs, an
alleged value, reduced by any lien or other liability declared by
the court and enforceable against the vehicle or contents.
(c) 'Property owner' means the owner, lessee or other person in
lawful possession of real property where a motor vehicle is
abandoned.
(d) 'Responsible person' means a person that, for the purposes
of causing the abandonment of a motor vehicle, drives or
transports the motor vehicle to, or places or causes the placing
of the motor vehicle on, real property belonging to another. '
Responsible person' does not include the registered owner of a
motor vehicle.
(2) A property owner may obtain title to an abandoned motor
vehicle if the abandonment does not occur under circumstances
described in ORS 90.425 (2), 98.110 or 98.120. The property owner
may also obtain title to the contents of the motor vehicle.
(3) Prior to obtaining title to an abandoned motor vehicle or
contents, the property owner must attempt removal of the vehicle
by giving written notice to:
(a) The registered owner of the vehicle;
(b) Each responsible person actually known to the property
owner;
(c) Any person recorded as having a lien on the vehicle as
shown in the records of the Department of Transportation or, if
indicated, of another jurisdiction; and
(d) Any other person actually known by the property owner to
have an ownership or lienholder interest in the vehicle.
(4) The written notice given by a property owner must:
(a) Identify or describe the vehicle;
(b) State the street address of the property or otherwise
describe the location of the vehicle;
(c) State that the property owner may initiate legal process to
obtain ownership of the vehicle or contents or other relief if
the vehicle is not removed from the property; and
(d) Specify the date by which the vehicle must be removed. The
date specified must be not less than 10 calendar days after the
notice is sent. If a notice is given by mail, the date specified
for removal must not be less than 13 calendar days after the date
of mailing.
(5) The property owner shall, when practicable, provide for the
notice to be personally served or to be sent by certified and
first class mail. If personal service or mailing is ineffective
for one or more copies of the notice, the property owner may use
any other method reasonably calculated to provide notice to the
intended recipient.
(6) Any person receiving a notice given under subsection (3) of
this section who removes the vehicle is immune from liability for
resulting loss to any other person having an interest in the
vehicle unless the loss is the result of gross negligence or
willful damage.
(7) Giving notice for removal of a vehicle under subsection (3)
of this section does not prevent a property owner from exercising
the right of the owner to have the vehicle removed pursuant to
ORS 98.810 to 98.818 or 98.830. Relief is not available under
section 7 (1) of this 2001 Act if the vehicle is removed pursuant
to ORS 98.810 to 98.818 or 98.830. + }
SECTION 7. { + (1) If an abandoned motor vehicle is not
removed by the date specified in a notice given under section 6
(3) of this 2001 Act, the property owner may file an action in
the circuit court for the county in which the vehicle is located
for:
(a) An order declaring the vehicle, and any contents, abandoned
and authorizing a transfer of title from the defendant registered
owner to the property owner; or
(b) An order compelling the registered owner or other defendant
to remove the vehicle from the property.
(2) It is not a defense to an action under this section that
the vehicle was originally placed on the property with the
permission of a person having an interest in the property. A
property owner may not file an action under this section,
however, if the vehicle is abandoned under circumstances
described in ORS 90.425 (2), 98.110 or 98.120. A property owner
may not file an action under this section against a person having
a superior interest in the real property where the vehicle is
located.
(3) The property owner shall serve a summons on each person who
was given notice under section 6 (3) of this 2001 Act. The
preferences described in section 6 (5) of this 2001 Act regarding
the method of giving notice do not apply to the service of
summonses under this section.
(4) If the court finds in favor of a property owner seeking an
order described in subsection (1)(a) of this section, the court
shall declare the vehicle abandoned and authorize a transfer to
the property owner of title to the vehicle. The court shall also
award to the property owner title to any contents of the vehicle.
If the court finds in favor of a property owner seeking an order
described in subsection (1)(b) of this section, the court shall
order the registered owner or other defendant to remove the
vehicle within a reasonable time. If one or more responsible
persons is a defendant in the action, the court shall not order
the registered owner to remove the vehicle unless removal by a
responsible person is not practicable.
(5) A court may, in addition to any other relief granted under
subsection (4) of this section, enter a judgment in favor of the
property owner against the registered owner or other defendant
for attorney fees and costs, sales, removal and transportation
costs and costs of repair or remediation of damage to the real
property resulting from the vehicle or contents having been on
the property. If title to the vehicle or contents is transferred
to the property owner, a judgment under this subsection is
subject to modification to offset the fair market value of the
vehicle or contents against the judgment amount.
(6) Except as otherwise provided in this section, title to a
vehicle or contents transferred to a property owner pursuant to
an order issued under subsection (4) of this section is free and
clear of any lien or other liability unless both the priority and
extent of the lien or other liability are expressly declared by
the court in the order authorizing transfer of title. A vehicle
transferred under subsection (4) of this section is not exempt
from title and registration fees. The court may limit or
condition the enforcement of a lien or other liability against a
vehicle or contents.
(7) An action described under subsection (1) of this section
may be commenced no later than one year after the date that the
property owner first gives the registered owner notice under
section 6 (3) of this 2001 Act to remove the vehicle.
(8) Notwithstanding the removal of a vehicle in response to a
notice given under section 6 (3) of this 2001 Act, a property
owner may bring an action against the registered owner to recover
costs of repair or remediation of damage to the real property
resulting from the vehicle or contents having been on the
property. An action under this subsection may be commenced no
later than one year after the property owner first gives the
registered owner notice under section 6 (3) of this 2001 Act to
remove the vehicle.
(9) A registered owner of an abandoned motor vehicle has a
defense against an action for money damages under subsection (5)
or (8) of this section if the registered owner sold the vehicle
in an arm's-length transaction prior to placement of the vehicle
on the real property. + }
SECTION 8. { + (1) If a property owner sells an abandoned
motor vehicle or contents in an arm's-length transaction within
one year following issuance of an order under section 7 (4) of
this 2001 Act authorizing a transfer of title to the vehicle or
contents to the property owner, the total amount owing in
satisfaction of liens or other liabilities declared by the court
under section 7 (6) of this 2001 Act is limited to the sale
price, less any expenses incurred by the property owner for
attorney fees and costs, sale, removal and transportation of the
vehicle or contents and repair or remediation of damage to the
real property resulting from the vehicle or contents having been
on the property.
(2) Notwithstanding section 7 (6) of this 2001 Act, a person
having an interest in the vehicle or contents and not receiving
actual notice of an action for an order described in section 7
(1)(a) of this 2001 Act may, within six months following a
transfer of title to the property owner, seek to have the
decision of the court modified. If the court modifies the
decision and the vehicle or contents have not been sold, the
person may obtain a lien against the vehicle or contents that
does not exceed the fair market value at the time that title was
transferred, less the total of:
(a) Depreciation;
(b) Any expenses incurred by the property owner for attorney
fees and costs;
(c) Removal and transportation costs;
(d) Any liens or other liabilities declared under section 7 (6)
of this 2001 Act; and
(e) Costs of repair or remediation of damage to the real
property resulting from the vehicle or contents having been on
the property.
(3) If the vehicle or contents in which the person had an
interest have been sold, the amount of a lien created under
subsection (2) of this section is subject to the satisfaction
limitation established under subsection (1) of this section. A
lien obtained under subsection (2) of this section is subordinate
to any other lien or liability declared under section 7 (6) of
this 2001 Act.
(4) A property owner is not liable to a vehicle owner, contents
owner, lienholder or other person for economic or other loss
resulting from actions taken in compliance with section 6 or 7 of
this 2001 Act. + }
SECTION 9. { + If there is no identification number on a motor
vehicle and there are no registration plates and no other
markings through which the property owner could determine the
identity of the owner of the vehicle, the property owner may
bring an action described in section 7 (1)(a) of this 2001 Act
without providing notice to or serving summons on persons
described in section 6 (3)(a) and (c) of this 2001 Act. The court
may issue an order authorizing transfer of title to the vehicle
and contents as though the property owner timely complied with
the notice and summons provisions. + }
SECTION 10. { + (1) As used in this section:
(a) 'Abandoned objects' means tangible personal property that a
property owner reasonably believes has been abandoned.
(b) 'Property owner' means the owner, lessee or person in
lawful possession of real property.
(2) A property owner may dispose of abandoned objects left on
the property that are not subject to disposition under ORS
90.425, 90.675, 98.005, 98.130, 98.810 to 98.818, 99.010, 99.050
or 819.100 or sections 1 to 5 of this 2001 Act or sections 6 to 9
of this 2001 Act or other provisions of law.
(3) If the property owner knows or should know where the person
who abandoned the objects may be located, the property owner must
give written notice to the person before disposing of the
abandoned objects. The written notice must:
(a) Identify or describe the objects;
(b) State the street address of the property or otherwise
describe the location of the objects;
(c) State that the property owner will dispose of the objects
if they are not removed;
(d) Specify the date by which the objects must be removed; and
(e) State that the property owner may bring an action to
recover damages if the objects are not removed by the specified
date.
(4) The date specified in a notice given under subsection (3)
of this section must not be less than 20 calendar days after the
date that the property owner gives notice. Notice may be
personally served or may be sent by certified and first class
mail. The property owner may impose reasonable restrictions on
the removal of the abandoned objects, including, but not limited
to, restricting removal to certain hours and requiring
reimbursement of actual costs incurred by the property owner. The
property owner may not condition the removal of the abandoned
objects on the payment of a storage fee.
(5) A property owner may bring an action against a person who
abandons objects on the property and fails to remove the objects
after being given notice under subsection (3) of this section.
The property owner may recover attorney fees and costs, and the
costs incurred in giving notice, removing and disposing of
abandoned objects and repairing or remediating damage to the real
property resulting from the objects having been on the property.
If the court determines, however, that the abandonment was
malicious, the property owner may recover attorney fees and
costs, and three times the costs incurred in giving notice,
removing and disposing of abandoned objects and repairing or
remediating damage to the real property resulting from the
objects having been on the property.
(6) Giving notice under subsection (3) of this section is a
prerequisite for filing an action under this section. Giving
notice under subsection (3) of this section does not constitute a
service of summons.
(7) An action under subsection (5) of this section must be
commenced within one year after the date that the property owner
first gives the person notice under subsection (3) of this
section to remove the abandoned objects. An action under this
section may be commenced only by the person owning the property
at the time the abandoned objects were first discovered.
(8) Notwithstanding the removal of abandoned objects in
response to a notice given under subsection (3) of this section,
a property owner may bring an action against the person who
abandoned the objects to recover costs of repair or remediation
of damage to the real property resulting from the objects having
been on the property. An action under this subsection may be
commenced no later than one year after the date that the property
owner first gives the person notice under subsection (3) of this
section to remove the abandoned objects.
(9) A property owner is not liable to an owner of abandoned
objects, a lienholder, taxing entity or other person for economic
or other loss resulting from actions taken in compliance with
this section. + }
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