Oregon Statutes 97.852 – Receivership of endowment care cemetery
(1) The following may petition the circuit courts of this state for an appointment of receiver for an endowment care cemetery:
Terms Used In Oregon Statutes 97.852
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Venue: The geographical location in which a case is tried.
(a) The Department of Consumer and Business Services;
(b) The district attorney of the county where the endowment care cemetery is located; or
(c) A local government with jurisdiction over the county or municipality where the endowment care cemetery is located.
(2) If a court determines that a receivership is necessary or advisable, the court shall appoint a receiver:
(a) To ensure the orderly and proper conduct of an endowment care cemetery’s professional business and affairs during or after an administrative proceeding;
(b) To protect the public’s interest and rights in the business, premises or activities of the endowment care cemetery;
(c) Upon a showing of serious and repeated violations of ORS § 97.810 to 97.920 demonstrating an inability or unwillingness to comply with the provisions of ORS § 97.810 to 97.920;
(d) To prevent loss, wasting, dissipation, theft or conversion of assets that should be marshaled and held available for the honoring of obligations under ORS § 97.810 to 97.920; or
(e) When the court receives proof of other grounds that the court deems good and sufficient for instituting receivership action concerning the endowment care cemetery.
(3)(a) A receivership under this section may be temporary or for the winding up and dissolution of a business, as the petitioner may request and as the court determines to be necessary or advisable in the circumstances.
(b) Venue of receivership proceedings shall be in the county where the endowment care cemetery is located. The receiver shall be the petitioner or a person nominated by the petitioner and approved by the court. [2019 c.8 § 3]
97.852 was added to and made a part of 97.810 to 97.920 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
[Renumbered 97.846 in 2019]