PLEASE PUT YOUR NAME AND PHONE # ON YOUR KITE GEAR

Pepi · Since 16 Jun 2006 1831 Posts Pure Stoke Sports Shop Owner **CGKA Member**

Reason #126 for putting your name and phone number on your kite gear.

- For when your local 2nd hand/consignment shop receives consigned 2nd hand goods from an individual that turns out to be either possibly stolen or lost in the river.
If the item is properly labeled or possesses a tangibly specific detail, it is then much easier (legally and literally) to find a way to return the item to its' proper owner.

We currently are involved in a situation in which a person lost an almost new kiteboard that did not possess their name/ph# on it. They posted the proper notices describing the lost item as per usual recommendations, but weeks later when an item fitting this exact description arrives to be consigned we and our staff are put into an awkward situation in that we possibly have a consignor submitting lost or stolen goods, but since the original owner did nothing to identify the board as theirs, we are then put into a position of then having to determine via both the original owner and the current owner, who truly was the original legal owner (the thought of possession being 9/10ths of the law is bull cocky according to the Sherriffs office). Technically if someone loses something, the finder does not legally receive the right of ownership if they find the lost item. If someone can prove that the specific lost item is theirs, they are still legally entitled to it.

Even though our consignor later admitted to finding the board and gave permission to return the item to the rightful possible owner, their parent was swift and retaliatory in contacting our shop to completely tear into and berate one of our staff for our actions. As a result, instead of returning the item to directly to the original party, we are now left with the only course of action we can to hopefully get the board back to the legally entitled owner, by handing off the board to the Hood River Sherriffs department to deal with and determine who legally should receive possession of the board.

End of story, PLEASE PUT YOUR NAME AND PHONE NUMBER ON ALL OF YOUR VALUED KITE GEAR.

Thank you,
Pepi, Erica and your local 2nd Wind Staff

Inept_Fun · Since 14 Apr 2005 1417 Posts Hood River XTreme Poster

What a tool for the phone call, I would have just told them if they wanted it back they could come buy it off consignment.

JonMalmberg · Since 15 Aug 2011 340 Posts Obsessed

If you don't want to put your name on your gear, go ahead and put my contact information instead...

Jon Malmberg
541.490....

Pepi · Thu Aug 18, 11 11:22 am

If reason #126 does not motivate you, then you can also keep your proof of purchase/receipt that you may use to legally reclaim your property.

A note to any of you that do find any 'lost' gear on or off the water, it is not your property just because you 'found' it. The law states that any lost or misplaced gear is still the property of the original owner and should be rightfully returned.

If you are found with someone else's property, it can be treated as similar to being actual theft if you do not return the item to the rightful owner who is able to show proof of ownership.

FlyDunes · Since 09 Oct 2007 1034 Posts Aloha XTreme Poster

Lol.

I was last one off the beach at SI a month ago and I picked up someone's left board and called them about it. Even though we've talked a couple of times, their board is still sitting in my garage.

They never seem to call me until I've already headed out without their board.

I haven't heard from them in a couple of weeks now.

I'll hold on to it until they finally pick it up, but at this point I may have to hint that I'm just going to take it back and leave it on the beach where I found it just so they'll come and get it.

So even if you put your name and number on your board, you still need to eventually pick it up when its found Smile

dangler · Since 26 Feb 2006 1780 Posts WINDY SPOTS XTreme Poster

Let me see if I understand the story:

Some kid 'finds" a board then takes it to a popular local store to sell it.

Said store is hip to the missing board, which infers the disappearance was suspicious.

Kid fesses up, admits its not his board, he "found" it. and agrees it should be returned to its rightful owner.

Irate parent calls shop, and based on what they now say, the board can no longer be returned.

What can they say to circumvent the only correct outcome? We gave that board to little Tommy on his last birthday?

Putting your name and number won't help you in this situation, cause little Tommy is likely a douchebag little thief and he's gonna find a way to remove your name and number. That only works to your benefit when an honest person finds it.

Navanod · Since 20 Feb 2007 207 Posts Beaverton Stoked

Reaper356 · Since 10 Dec 2006 781 Posts Salem / LC Oregon Opinionated

What if you lose your board on the high seas?
Can someone declare salvage on a board as a lost personal watercraft (per insurance company's description)?

I remember there was thread a while back, but I think the answer was no. Of course the salvagee would be promptly eaten by sharks if they tried to use said gear, so this is purely hypothetical.

Surf Dude · Since 04 Jul 2008 74 Posts Mosier, OR

scottm · Since 12 Jun 2006 108 Posts Stoked

Reason #127, just to add a feel-good story to the mix.

I was doing an early season, early morning solo session this year and lost my board near Hood River. Got a call from a sturgeon fisherman almost two weeks later, who found it in a log jam near Washougal at dusk.

The board went THROUGH BONNEVILLE DAM!

snowycreek · Since 01 Dec 2009 38 Posts Hood River

Okay, can I add that putting your name on your board is good thing because it gives the finder of said board an opportunity to return the board to you and then bask in the high that comes from doing the right thing.
Now I need to add that writing REWARD on your board really perverts the whole "right thing to do" feeling. And it will make, as Dangler so delicately put it, a douchbag out of little Jimmy by making him think the reward for doing the right thing is: MONEY.
So, my vote is YES to putting your name on the board but please, please do not put REWARD.
By the way, when the board finds its way back to you my position on wrting REWARD should in no way prevent you from doing a kindness in favor or the returner.

Pepi · Fri Aug 19, 11 6:37 pm

Just so everyone knows. We now have some closure on the situation.
Sherrif Mike Anderson came by the shop to pick up the board for us and to act as the mediator so as to keep us out of any sort of legal jams if they arose.

He did repeat the rule of ownership, in that if you ever find something thought to be lost, you best turn it in to the Sherrifs office. If they cannot locate the proper owner within 6 weeks, then the property can be returned into your possession legally as yours.

In our situation, we almost had a boy receive a reward for the return of the board, but due to his mom being a bit too greedy (we also learned she had the board listed on Craigslist) the situation resulted in our having to turn over the board to the law and letting them handle the situation.

Support the law and the law will support you.

Thank you to Josh and Mike from the Sherriffs office for helping us out.

Pepi

kitezilla · Since 22 Jun 2006 453 Posts gorge Obsessed

There is quite a procedure to follow, before the "finder" of lost things receives title of ownership for the thing. I wonder if the sheriff's department really does all the following stuff, getting the county treasurer involved, who pays for the notices, etc. I just googled this issue and here is the "cut and paste" procedure from the Oregon statute.

ALSO.

Once again, thanks go out to Pepi for once again taking the time, and going to the effort to help out the kiting community...educating us, fighting for our access to the water, mediating disputes, soothing over hurt feelings, etc. I guess more of us could show our appreciation and could thank him by keeping his shop in mind, when we need to buy something.

.................................................................

Taken from:

ORS Chapter 98 - Oregon State Legislature

Chapter 98 — Lost, Unclaimed or Abandoned Property; Vehicle Towing

2009 EDITION

LOST, UNCLAIMED OR ABANDONED PROPERTY; TOWS

RIGHTS AND DUTIES OF FINDERS AND OWNERS

98.005 Rights and duties of finder of money or goods

RIGHTS AND DUTIES OF FINDERS AND OWNERS

98.005 Rights and duties of finder of money or goods. (1) If any person finds money or goods valued at $100 or more, and if the owner of the money or goods is unknown, such person, within 10 days after the date of the finding, shall give notice of the finding in writing to the county clerk of the county in which the money or goods was found. Within 20 days after the date of the finding, the finder of the money or goods shall cause to be published in a newspaper of general circulation in the county a notice of the finding once each week for two consecutive weeks. Each such notice shall state the general description of the money or goods found, the name and address of the finder and final date before which such goods may be claimed.

(2) If no person appears and establishes ownership of the money or goods prior to the expiration of three months after the date of the notice to the county clerk under subsection (1) of this section, the finder shall be the owner of the money or goods. [1973 c.642 §1; 1989 c.522 §1]

98.010 [Repealed by 1973 c.642 §13]

98.015 Liability of noncomplying finder; forfeiture to county of unreclaimed money or goods. If any person who finds money or goods valued at $100 or more fails to comply with ORS 98.005, the person shall be liable, upon conviction for violation of ORS 164.065, to the county for the money or goods or the full value of the money or goods. The county treasurer shall hold the money or goods or their value for owner thereof and shall publish notice of the finding of the money or goods in the manner provided in ORS 98.005. If the owner has not reclaimed such money or goods within three months after the date of the first publication of notice by the county treasurer, the owner shall forfeit the rights of the owner to the value of such money or goods and the value of such money or goods shall be placed in the general fund of the county to be used for the payment of the general operating expenses of the county. [1973 c.642 §2; 1989 c.522 §2]