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Old 01-18-2021, 02:05 AM
 
4,329 posts, read 8,192,365 times
Reputation: 5386

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The link: https://legiscan.com/OR/text/HB2238/...KEeaDgXX2rCaq0


The proposed new text
The formatting was lost when I copied and pasted, so check the link if you want to see better formatting. The bold portions are the proposed additions.


Quote:
Relating to private property during emergency; amending ORS 35.350 and 401.188.Be It Enacted by the People of the State of Oregon:SECTION 1. ORS 35.350 is amended to read:35.350. (1) This chapter does not affect the ability of a public body, as defined in ORS 174.109,to take immediate possession of property in an emergency that poses a threat to persons orproperty, including under the direction of the Governor under ORS 401.188.(2) An owner of property that is used or possessed only temporarily under this sectionis not entitled to compensation except as the owner may prove entitlement to compensation under Article I, section 18, of the Oregon Constitution.SECTION 2. ORS 401.188 is amended to read:401.188. Whenever the Governor has declared a state of emergency, the Governor may issue,amend and enforce rules and orders to:(1) Control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments,price fixing, allocation or other means, the use, sale or distribution of food, feed, fuel, clothing andother commodities, materials, goods and services;(2) Prescribe and direct activities in connection with use, conservation, salvage and preventionof waste of materials, services and facilities, including, but not limited to, production, transportation,power and communication facilities training, and supply of labor, utilization of industrial plants,health and medical care, nutrition, housing, rehabilitation, education, welfare, child care, recreation,consumer protection and other essential civil needs; and(3) Take any other action, including through the seizure, use or possession of any real or personal property, that may be necessary for the management of resources following an emergency



I recommend looking at the original.
So if a governor - present or future - declares an emergency, the state can seize any property as deemed, by that government, to be necessary. Do you trust current and future governments that much?


I think that if the country were invaded, the government would need to be able to do things that would not be allowed in peacetime, though even then, confiscation without compensation goes too far. We have seen, though, that the standard for "emergency" is pretty low.


Should the state be able to take your real and personal property? What should determine whether the emergency is great enough, or whether the confiscation is necessary? What will protect Oregon residents from abuse of these powers?
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Old 01-18-2021, 08:48 AM
 
48 posts, read 22,517 times
Reputation: 192
Oregon has gone pure communist.
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Old 01-18-2021, 09:00 PM
 
Location: California
5,415 posts, read 6,176,533 times
Reputation: 11257
Default Who voted for this?

Totalitarianism.
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Old 01-19-2021, 09:30 AM
 
Location: North Idaho
26,229 posts, read 34,870,709 times
Reputation: 54978
Power grab. My best guess is that they are prepping to declare that no back rent is owed. Or heck, in the direction they are going it is just a short hop to seizing all the rental property and redistributing it.


It certainly gives them the power to close down all the restaurants and businesses.
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Old 01-19-2021, 10:05 AM
 
Location: The canyon (with my pistols and knife)
13,500 posts, read 19,424,814 times
Reputation: 15456
It reads like a direct violation of the Fourth Amendment.
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Old 01-20-2021, 11:04 AM
 
Location: California
5,415 posts, read 6,176,533 times
Reputation: 11257
In the replies to the bill, someone stated that this is not the only state this is happening to. Does anyone know how widespread this is? I can't believe this is America!
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Old 01-25-2021, 11:15 AM
2Z4
 
Location: Portland, OR
26 posts, read 38,477 times
Reputation: 62
If you follow the Oregon Court of Appeals' rulings on the Wuhan lockdowns during the summer, they overturned a lower court ruling that the Governor's wishes were unconstitutional. Which they clearly were - grafting two different chapters of the statute together and seizing powers not allowed by law. The Oregon Court of Appeals and Oregon Supreme Court don't care about the 4th amendment, they'll absolutely back this up.
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Old 01-25-2021, 06:58 PM
 
2,174 posts, read 586,771 times
Reputation: 2787
Quote:
Originally Posted by Craziaskowboi View Post
It reads like a direct violation of the Fourth Amendment.
The Fourth Amendment? Don’t be naive. The Fourth Amendment died a quiet death near the end of the 20th century.

Quote:
Police abuse of civil asset forfeiture laws has shaken our nation’s conscience. Civil forfeiture allows police to seize — and then keep or sell — any property they allege is involved in a crime. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.

Forfeiture was originally presented as a way to cripple large-scale criminal enterprises by diverting their resources. But today, aided by deeply flawed federal and state laws, many police departments use forfeiture to benefit their bottom lines, making seizures motivated by profit rather than crime-fighting. For people whose property has been seized through civil asset forfeiture, legally regaining such property is notoriously difficult and expensive, with costs sometimes exceeding the value of the property.
https://www.aclu.org/issues/criminal...rfeiture-abuse
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Old 01-25-2021, 09:15 PM
 
Location: California
5,415 posts, read 6,176,533 times
Reputation: 11257
There is no criminal activity mentioned in this bill. It gives broad authority to seize property during a time of emergency without compensation, such as Gov. Brown has already declared.

Take any other action, including through the seizure, use or possession of any real or personal property, that may be necessary for the management of resources following an emergency

Is this common in other states as well?
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Old 01-26-2021, 09:18 AM
Status: "Refuge from Oregon" (set 6 hours ago)
 
Location: In Transition
32 posts, read 7,918 times
Reputation: 47
Quote:
Originally Posted by Heidi60 View Post
There is no criminal activity mentioned in this bill. It gives broad authority to seize property during a time of emergency without compensation, such as Gov. Brown has already declared.

Take any other action, including through the seizure, use or possession of any real or personal property, that may be necessary for the management of resources following an emergency

Is this common in other states as well?
No, Only Oregon so far.....
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