(1) As used in this section:

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(a) ‘Personal property’ includes any item that is reasonably recognizable as belonging to an individual, including books, photographs, personal documents such as identification and Social Security cards, camping equipment, sleeping bags, blankets, bicycles and clothing.

(b) ‘Personal property’ does not include items that the Department of State Lands determines are not in a sanitary condition or that lack any apparent value or utility.

(2) Notwithstanding ORS § 98.302 to 98.436, and except as provided under ORS § 274.376 to 274.388, the department may remove, store and dispose of personal property that the department has determined to have been left on state lands without authorization of the department or by law as provided under this section. The authority under this section is in addition to any other authority of the department.

(3) Prior to the removal of personal property, the department shall post written notice in the manner provided in this subsection. The written notice must:

(a) Be laminated or weather resistant.

(b) Be conspicuously posted and easily viewable from the site where the personal property to be removed is located.

(c) Include the following dates:

(A) The date the notice is posted;

(B) The date by which the property owner must remove the personal property; and

(C) The time frame within which the department may remove the personal property pursuant to subsection (4) of this section.

(d) Provide information about the storage of the personal property, including how long the department will store the personal property, and a telephone number at which the property owner can contact the department to claim and retrieve the personal property.

(e) Be written in both English and Spanish.

(4) No less than 24 hours and no more than 10 days after posting written notice under subsection (3) of this section, the department may remove personal property. If the written notice is removed during the posting period, the department may proceed with the removal of the personal property but shall replace the written notice at the site for the purpose of informing property owners about how to claim the personal property.

(5) The department shall store personal property removed under this section:

(a) In a manner that is reasonably likely to protect the personal property from harm;

(b) In a location that is reasonably secure; and

(c) In a location that is reasonably accessible to the site where the personal property was found.

(6) After storing personal property for 30 days, the department may donate or otherwise dispose of the personal property if it has not been claimed by the property owner. Any personal identification, as defined in ORS § 165.800, including a Social Security or other identification card, must be destroyed at the end of the 30-day storage period.

(7) The department is not liable for any conversion of personal property removed, stored, returned, donated or disposed of under this section.

(8) The department may collect the costs of removing, storing, returning, donating or disposing of the personal property from the property owner.

(9) The department may immediately, and without providing notice, remove and dispose of property that:

(a) Is not personal property;

(b) Creates an exceptional emergency, including, but not limited to, possible site contamination by hazardous materials, a public health emergency or a situation where personal property may enter a waterway due to flooding or seasonal increases in water levels; or

(c) Presents an immediate danger to human life or safety.

(10) The department may adopt rules implementing this section. [2023 c.403 § 2]

[1981 c.787 § 5; renumbered 270.020 in 1991]