Preliminary Provisions

ORS 131.576
Order restoring custody of property after expedited hearing


(1)

An order restoring custody to a petitioner under ORS 131.573 (Petition for expedited hearing) shall:

(a)

Prohibit the petitioner from using the property in unlawful conduct of any kind, or from allowing the property to be used by any other person in unlawful conduct;

(b)

Require the petitioner to service and maintain the property as may be reasonably appropriate to preserve the value of the property; and

(c)

Require the petitioner to inform the court of the exact location of the property at the time of any judicial proceeding under ORS 131.582 (Prosecution of criminal forfeiture) and to deliver the property to the seizing agency immediately upon the issuance of a judgment of criminal forfeiture.

(2)

An order restoring custody to a petitioner under ORS 131.573 (Petition for expedited hearing) may include such other requirements as the court finds appropriate pending a final determination as to the disposition of the property.

(3)

An order restoring custody to a petitioner under ORS 131.573 (Petition for expedited hearing) is enforceable by a contempt proceeding brought on the relation of forfeiture counsel, by a further order directing the petitioner to deliver the property to the custody of the seizing agency, by an order awarding to the seizing agency its reasonably incurred attorney fees, costs and investigative expenses, and by such other remedies or relief as the court finds appropriate. [2005 c.830 §10]

Source

Last accessed
Jun. 26, 2021