Oregon Revised Statutes

Or. Rev. Stat. § 206.030 (2026)

Duty to execute process and make return; taking concealed personal property; use of force

✓ current as of May 2026

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206.030 Duty to execute process and make return; taking concealed personal property; use of force. An officer to whom any process, order or paper is delivered shall execute or serve it according to its command or direction, or as required by law, and must make a written return of the execution or service thereof. If a sheriff is directed by a court to take personal property into custody at a specific premises, and the property is concealed in a building or enclosure, the sheriff shall demand its delivery. If delivery is not made, the sheriff shall use such reasonable force as is necessary to enter into the building or enclosure and take the property into possession. [Amended by 2003 c.304 §1]

Notes of Decisions

Cited in 4 cases, 1984–2012 · leading case: State v. Foster, 217 P.3d 168 (Or. 2009).

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State v. Foster, 217 P.3d 168 (Or. 2009). “ORS 206.030. If resistance is anticipated, the sheriff may even command others to assist in overcoming the resistance.”

Burks v. Lane Cnty., 695 P.2d 1373 (Or. Ct. App. 1985). “The question in connection with plaintiffs’ claim is whether the county is required by statute to provide a particular funding level, greater than the one it did provide, for the sheriffs performance of his law enforcement duties. There is no question before us in this case…”

State v. Mast, 283 P.3d 916 (Or. Ct. App. 2012). · cites it 3× “One[, ORS 206.030,] says that if an order directs a sheriff to * * * seize property at a specific premises, then the sheriff shall * * * publicly demand the return and, if not, forcibly enter the building or enclosure and seize the property.”

Hamilton v. Smith, 676 P.2d 341 (Or. Ct. App. 1984). · cites it 4× “Following a show cause hearing, the trial court granted the writ to compel service on the basis of ORS 206.030. The office of sheriff is established by Article VI, section 6, of the Oregon Constitution.”

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