Oregon Statutes 164.855 – Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825
(1) Whenever any peace officer has reasonable cause for believing that a person is cutting or transporting trees or special forest products in violation of ORS § 164.813 (2) or (3) or 164.825, the peace officer may, at the time of making the arrest or issuing the summons, under ORS § 164.845, seize and take possession of the trees or special forest products. The peace officer shall hold the trees or special forest products subject to the order of the court before which the arrested person is ordered to appear. If the owner of the trees or special forest products appears before the court within 48 hours after the seizure thereof and presents satisfactory evidence of ownership, the court shall order the peace officer to deliver the trees or special forest products to the owner. If the owner does not appear within the 48-hour period and prove ownership of the trees or special forest products, the court may direct the peace officer to sell the trees or special forest products in any manner and for any price that appears to the court to be warranted. If the trees or special forest products have no value, the court may direct the officer to destroy them in any manner practicable. The proceeds of the sale, less the reasonable expenses thereof, shall be paid to the treasurer of the county in which the trees or special forest products are sold. At any time within one year after the seizure of the trees or special forest products the owner thereof may appear before the court, and, upon presentation of satisfactory evidence of ownership, the court shall direct the treasurer of the county to pay the proceeds to the owner. If the owner does not appear within one year from the seizure of the trees or special forest products and prove a right to the proceeds, the proceeds shall thereafter belong to the county, and may be disposed of as the county court may direct.
Terms Used In Oregon Statutes 164.855
- Arrest: Taking physical custody of a person by lawful authority.
- County court: includes board of county commissioners. See Oregon Statutes 174.100
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Summons: Another word for subpoena used by the criminal justice system.
(2) The return of the trees or special forest products or the payment of the proceeds shall not preclude the court from imposing any fine or penalty for any violation of ORS § 164.825 to 164.855. [1971 c.743 § 298; 1981 c.645 § 5; 1993 c.167 § 5; 2013 c.276 § 5]