§ 586.527 — Settlement of claims against defaulting warehouseman

Oregon § 586.527

• Jurisdiction: Oregon
• Vol.: 15
• Title 47: Agricultural Marketing and Warehousing
• Ch. 586: Warehouses

Text

(1) If the State Department of Agriculture considers the appointment of a receiver or other action provided by ORS 586.525 inadvisable or inexpedient in the case of depositors of grain in a public warehouse operated by a warehouseman who is in default as to any condition of bond, it may obtain settlement for such depositors as provided in this section.
(2) The department shall:
(a) Give reasonable notice to persons holding warehouse receipts or other evidence of deposit issued by the defaulting warehouseman, to file claims with the department.
(b) Fix a reasonable time within which such filing shall be done.
(c) Investigate each claim so filed and reasonably verify the circumstances under which the claims accrued and the good faith of the claimants.
(3) With the approval of the claimants who filed claims, the department may settle such claims with the surety without filing legal action. Such settlement unless appealed to the circuit court within 30 days as provided by law, is final between the surety and all claimants covered by the bond.
(4) If any claimant or the surety does not agree with the findings of the department, the department shall file a declaratory judgment action without right to jury trial in the circuit court in the name of the State of Oregon for the benefit of the claimants as authorized by ORS chapter 28. Unless appealed as prescribed by law, the order of the court shall be final between the surety and all claimants covered by the bond.

Legislative History

1961 c.445 §19; 1979 c.284 §177