(2)(a) If a warehouseman discovers that as a result of a quality or condition of certain grain placed in the public warehouse of the warehouseman, of which the warehouseman had no notice at the time of deposit, such grain is a hazard to other grain or to persons or to the public warehouse, and if it is not immediately removed by the owners at the request of the warehouseman, the warehouseman may sell the grain at public or private sale without advertisement but with reasonable notification to all persons known to claim an interest in the grain. If the warehouseman after a reasonable effort is unable to sell the grain, the warehouseman may dispose of it in any other lawful manner and shall incur no liability by reason of such disposition.
(b) At any time prior to sale or disposition as authorized in this section, the warehouseman shall deliver the grain to any person entitled to it, upon proper demand and payment of charges.
(c) From the proceeds of sale or other disposition of the grain the warehouseman may satisfy the charges of the warehouseman for which otherwise the warehouseman would have a lien, and shall hold the balance thereof for delivery on the demand of any person to whom the warehouseman would have been required to deliver the grain. [1961 c.445 §14]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Section 586.210 - Definitions for ORS 586.210 to 586.730.
Section 586.225 - Exemption for certain warehousing facilities.
Section 586.235 - Cooperative agreements for inspections in other states.
Section 586.270 - Warehouse licenses; federal licenses; license application and fee.
Section 586.290 - Posting of signs at warehouses.
Section 586.315 - Warehouseman required to insure grain or retain written waiver by depositor.
Section 586.330 - Investigating and fixing warehouse charges.
Section 586.350 - Overcharges, rebates and preferences prohibited.
Section 586.370 - Obtaining blank forms of receipts from department.
Section 586.380 - Only authorized receipts to be used; exception.
Section 586.382 - Warehouse records; warehouse receipts.
Section 586.385 - Warehouseman’s liability for failure to issue proper receipt.
Section 586.395 - Warehouseman’s liability for injury to grain; disposal of grain which is a hazard.
Section 586.400 - Duty of warehouse receiving grain for storage; damages for failure to deliver.
Section 586.520 - Inspection of warehouses; records required of warehouseman; fee.
Section 586.527 - Settlement of claims against defaulting warehouseman.
Section 586.529 - Receivership of warehouse business; claims against surety.
Section 586.530 - Establishment of standard grades for commodities received.
Section 586.550 - Warehouseman to keep copy of regulations available for inspection.
Section 586.561 - Discontinuance of operation of warehouse.
Section 586.730 - Violation of provisions or noncompliance with order prohibited.