Thread by @RealSpikeCohen

#Thread
Oregon HB2238 has been introduced in the Oregon State House. It would effectively make any and all property, including personal property, able to be seized under a declared state of emergency by the Governor.
bit.ly/3rkl3yo

Let me explain...

HB2238 seeks to modify ORS 35.350 and ORS 401.188 – both of which are current standing laws. Below is the current version and the new proposed amendments to ORS 35.350

As of right now, ORS 35.350 gives cops the ability to take possession of any items that present a danger to “persons or property”, such as seizure of meth labs, explosives, etc. that officials find dangerous. This is fairly standard law.

HOWEVER, if this amendment passes...

The Governor can now order cops to seize property at her discretion so long as there is a declared state of emergency (granted under ORS 401.188)

ORS 401.188 just so happens to be the other standing law that HB2238 wants to alter! (See where this is going?)

Also, you won't be compensated for your property unless you want to file a constitutional lawsuit. Which you won't win because the OR Constitution will excuse any seizures as long as it is deemed "necessary" by the people who seized it in the first place.
bit.ly/2YMXAJP

ORS 401.188 has been law since 1975, and states that when there is a state of emergency declared, the governor can mandate most aspects related to general commerce, trade, and services. The current bill states NOTHING of property seizure. BUT IT DOES NOW!

The amendment to 401.188 states "including through the seizure, use or possession of any real or PERSONAL PROPERTY"
.....

So here's what they're really doing...

Allow the Governor broad discretion in what to seize, when to seize it, and how to use it by declaring arbitrary states of emergency.
Keep in mind Oregon has, in the past year, declared states of emergency for wildfires, rallies, protests, the election, and COVID-19.

Possible scenarios: You have more than 1 vehicle, & the government decides they need your extra car during a wildfire evacuation. They can steal your car!
Or say you have an extra bedroom and they decide they need it to house a person.
Congrats on your new roommate!

With Governor Brown's history of using strongarm tactics on businesses that don’t comply with her, she could declare an emergency & take control of any property. Targets could include housing, businesses, & even firearms. HB2238 is a vindictive Governor's dream come true.