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Oregon law

 
Post new topic   Reply to topic    Northwest Kiteboarding -> Gorge / Portland / Oregon Coast
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KiteKarl

Since 02 Mar 2005
213 Posts
Stockton, California
Stoked



PostTue Oct 04, 05 4:36 pm    Oregon law Reply with quote

Made this post on kiteforum as a reply to a lost board and thought that it would be good info to repost.

Quote:

A few weeks ago at the sand bar at Hood River a guy lost a board and another kiter found it. The kiter who lost the board saw the other kiter in possesion of it and asked for it back. The possessor demanded $100 for its return whereupon the owner called the cops. Police came and said under Oregon state law that it was illegal to hold his property for ransom. He also said that found property must have a found notice posted in a publicly conspicous place with date and contact information. If the property isn't claimed by its rightful owner within 60 days then property becomes legally the finders. Of course, there are lots of grey areas including where the item is to be posted, how to claim rightful ownership, etc.


Hopefully this guy gets bit in the ass by Karma.

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registered

Since 12 Jul 2005
1319 Posts
tsunami
Sandbagger



PostTue Oct 04, 05 8:45 pm     Reply with quote

I would have taken the assault charge option of repossesion, and charged him a hundred to stop hitting him after breaking his finger. or something like that Embarassed wow

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pkh

Since 27 Feb 2005
6548 Posts
Couve / Hood
Site Lackey



PostWed Oct 05, 05 7:23 am     Reply with quote

Is that what happened to you Karl? I can't think of why anyone would do that!? especially if it really was a kiteboarder...

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4Stringer/KipWinger

Since 27 Apr 2005
541 Posts
Hood River
Addicted



PostWed Oct 05, 05 7:45 am    Theft of mislaid property Reply with quote

The cop was partly right. Under Oregon law, reasonable measures need to be taken to restore the property to the owner. The statute doesn't require a specific method for attempting to reunite the dude with his sessionin' gear.

THEFT AND RELATED OFFENSES
ORS 164.065
Theft of lost, mislaid property:
A person who comes into control of property of another, that the person knows or has good reason to know to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, commits theft if, with intent to deprive the owner thereof, the person fails to take reasonable measures to restore the property to the owner.

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KiteKarl

Since 02 Mar 2005
213 Posts
Stockton, California
Stoked



PostWed Oct 05, 05 1:16 pm     Reply with quote

Didn't happen to me. Just saw a guy talking to a cop and another kiter gave me the lowdown.

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dangerD

Since 27 Jun 2005
223 Posts
Bingen Heights
Stoked



PostThu Oct 06, 05 11:07 am     Reply with quote

Ive got your lost boards. Ill be selling them in the classified section in 59 days. Thanks!

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noaubac

Since 27 Apr 2005
33 Posts

 



PostFri Oct 07, 05 5:43 am     Reply with quote

It appears, that Michigan law is similar to Oregon.
Found Property must be submitted to a police agency for a period of 60 days, before the finder may keep it.

Here is a story of my lost board, which turned up on eBay, 15 days after I lost it.

"LOST board" post back on the 24 of June, 2005.

LOST BOARD POST

As it goes, I got tangled with another rider, and had to drift in, leaving my board, floating out there.

Of course, I was determined to catch back up to it, after I made it to shore and borrowed another kite and board.
I had never lost a board, and wasn't about to start.

Anyway, Rusty and I did nearly a mile downwinder and I didn't see my board anywhere.

At the time, I remembered seeing a handful of boats milling about, so I figured it probably got picked up by one of them.

Or it could have possibly slipped through my fingers, and kept drifting up the coast.

What can you do?

I made up some flyers, which were posted at some local stores (Montague and Stoney Lake), also at a local restaurant, and golf course.

Many people who knew me, or saw me ride before, where also helping spread the word.

All I could do was wait.

So, the next week end, I noticed a local douche bag had posted his boat for sale add, over one of my "missing kiteboard" flyers, then a few days later I saw that he had torn down another one mine and stuck up his "Boat for sale" using my tacks.

Could be unrelated, but seemed suspect, to my paranoid mind.

Still, what can you do?

Finally, one week ago Saturday, I got a PM from N8R, who reads the Mackite forum from East Lansing. My alma mater

He'd found a suspect board, up on eBay.

Well...... There it was.



All but one of my stickers were peeled off, little did they know it was also a distinct custom decal which I slapped on this year.

An added benefit of my stickers was that, all the spots which were covered up, showed up as dark shapes on the deck, since the sun faded the deck around them.

My latest photo of the board from Gun Lake, on June 14th clearly showed all my stickers in place.



So, off the bat, I called the local police in the town where the auction was going down.

It turns out, it was put on eBay by a shop, which only performs a consignment service. Like that one in "The 40 Year Old Virgin"
Somewhat like a pawn shop, I figure.

Anyway, the local police told me to have the Muskegon Co. Sheriff, fax them a report and they would pick it up.

Long story short, the Muskegon Sheriff Deputy on the case, took my report that same day.
And by weeks end, the board was returned to my door step.

It turns out, a phone call was made to the person who brought the board to the eBay shop, and they changed their story after the Officer identified himself.

It went from: the kiteboard was a gift from a relative over 6 moths ago.

Then changed to: it was found, while camping.

That tells me, I would have had little luck getting it back without Police intervention.

The initial lie had been their story to tell, up until the Officer identified himself and that he had proof to the contrary.

So I got my board back!

After some scrubbing with Goo Gone, I put some more of my custom stickers on, and the rest is history.


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