ORS 131A.010
Legislative findings
- preemption of local laws
- remedy not exclusive
(1)
The Legislative Assembly finds that:(a)
Prohibited conduct occurs in the course of criminal activities that result in, and are facilitated by, the acquisition, possession or transfer of property subject to civil forfeiture under this chapter.(b)
Transactions involving property subject to civil forfeiture under this chapter escape taxation.(c)
Governments attempting to respond to prohibited conduct require additional resources.(d)
Proceeds and instrumentalities of prohibited conduct should be forfeited, the rights and interests of affected persons protected, and the laws of this state relating to civil forfeiture of property based on prohibited conduct should be uniform throughout the state.(2)
The Legislative Assembly adopts the provisions of this chapter as the sole and exclusive law of the state governing civil forfeiture of real and personal property based on prohibited conduct. This chapter supersedes all charter provisions, ordinances, regulations and other enactments adopted by cities and counties relating to civil forfeitures. All forfeitures under the provisions of this chapter are subject to the limitations of section 10, Article XV of the Oregon Constitution.(3)
This chapter is applicable throughout this state. The electors or the governing body of a city or county may not enact, and the governing body of a city or county may not enforce, any charter provision, ordinance, resolution or other regulation that is inconsistent with this section.(4)
This chapter does not impair the right of any city or county to enact ordinances providing for the civil forfeiture of property if:(a)
The prohibited conduct constitutes the commission of a crime as described in ORS 161.515 (“Crime” described);(b)
The property constitutes proceeds or instrumentalities of the prohibited conduct; and(c)
The civil forfeiture is subject to the procedures and limitations set forth in this chapter.(5)
This chapter does not limit or impair any right or remedy that any person or entity may have under ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title). The application of any remedy under this chapter is remedial and not punitive and does not affect the application of any other civil or criminal remedy under any other provision of law. Civil remedies under this chapter are supplemental and are not mutually exclusive. [2009 c.78 §2]
Source:
Section 131A.010 — Legislative findings; preemption of local laws; remedy not exclusive, https://www.oregonlegislature.gov/bills_laws/ors/ors131A.html.
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