ORS 131A.080
Care and custody of seized property generally
(1)
Pending final disposition of seized property, and subject to the need to retain the property for any criminal proceeding, a forfeiting agency shall maintain and care for property that is in the physical custody of the seizing or forfeiting agency in a manner that is reasonably appropriate for the preservation of the property’s value.(2)
A forfeiting agency may transfer property seized for forfeiture to any city, county, state or federal agency with authority to seek forfeiture of the property, unless the transfer diminishes or reduces the rights of any third party under this chapter or constitutes a violation of section 10 (13), Article XV of the Oregon Constitution.(3)
If property seized for forfeiture consists of money, stocks, bonds, promissory notes or other security or evidence of indebtedness, and the property is held in some form of account in a financial institution, the property may remain in the account pending a final decision in the forfeiture action. Unless otherwise allowed by order of the court, transactions involving the account are not permitted until final disposition of the property, except for the deposit or reinvestment of dividends or other normally recurring payments on the property. Any accrual to the value of the property during the pendency of forfeiture proceedings shall be disbursed in the manner provided for the disbursement of interest under ORS 131A.090 (Forfeiture trust accounts).(4)
This chapter does not prevent a seizing agency from entering into an agreement with a person who claims seized property, or with any other person, for the reimbursement of the seizing agency for the costs and expenses relating to towing and storage of seized property, or for the reimbursement of the cost of discharging any possessory chattel lien on the property arising under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) that attaches to the property after seizure of the property and before release or forfeiture of the property. [2009 c.78 §13]
Source:
Section 131A.080 — Care and custody of seized property generally, https://www.oregonlegislature.gov/bills_laws/ors/ors131A.html.
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