Chapter 783

 

      Chapter 783

 

NOTES OF DECISIONS

 

      There is nothing in this chapter which provides for different procedures where owners of vessel are named in complaint as well as vessel itself. Paddack v. Rasmussen, 59 Or App 290, 650 P2d 1036 (1982), aff’d 294 Or 599, 660 P2d 677 (1983)

 

      Procedures provided by this chapter meet fundamental due process requirements of adequate notice and opportunity to be heard. Rocky B. Fisheries v. North Bend Fabrication & Machines, Inc., 66 Or App 625, 676 P2d 319 (1984), Sup Ct review denied

 

      783.010

 

NOTES OF DECISIONS

 

      Lien claimant under this section must perfect lien by causing subject vessel to be seized as provided by [former] ORS 483.050 and in the absence of such seizure, no lien is acquired and no suit to foreclose lien can be brought. Paddack v. Rasmussen, 59 Or App 290, 650 P2d 1036 (1982), aff’d 294 Or 599, 660 P2d 677 (1983)

 

      783.090

 

NOTES OF DECISIONS

 

      Statute, when construed to permit owner to obtain post-seizure hearing to challenge legality of seizure, validity of claim or amount claimed in order to fix amount of undertaking necessary to release vessel, does not violate constitutional due process requirements. Rocky B. Fisheries v. North Bend Fabrication & Machines, Inc., 66 Or App 625, 676 P2d 319 (1984), Sup Ct review denied