ORS 131A.180
Order restoring custody of property after expedited hearing


(1)

An order restoring custody of property to a petitioner under ORS 131A.170 (Expedited hearing on claim) or 131A.175 (Expedited hearing on affirmative defenses) 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 property’s value; and

(c)

Require the petitioner to inform the court of the exact location of the property at the time of any trial in a forfeiture action and to deliver the property to the forfeiting agency immediately upon the issuance of a judgment of forfeiture.

(2)

An order restoring custody of property to a petitioner under ORS 131A.170 (Expedited hearing on claim) or 131A.175 (Expedited hearing on affirmative defenses) may include such other requirements as the court finds appropriate pending a final determination as to the disposition of the property. If the property is a motor vehicle with a hidden compartment, the seizing agency is not liable for any diminution in the value of the property as a result of disabling the compartment.

(3)

An order restoring custody of property to a petitioner under ORS 131A.170 (Expedited hearing on claim) or 131A.175 (Expedited hearing on affirmative defenses) is enforceable by a contempt proceeding brought on the relation of forfeiture counsel, by an order directing the petitioner to deliver the property to the custody of the forfeiting agency, by an order awarding to the forfeiting agency its reasonably incurred attorney fees, costs and investigative expenses, and by such other remedies or relief as the court may find appropriate. [2009 c.78 §24; 2009 c.874 §11]

Source: Section 131A.180 — Order restoring custody of property after expedited hearing, https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html.

131A.005
Definitions
131A.010
Legislative findings
131A.015
Vesting of title to forfeited property
131A.020
Property subject to forfeiture
131A.025
Consensual search of motor vehicle
131A.030
Seizure of motor vehicle with hidden compartment
131A.035
Seizure of currency
131A.050
Seizure generally
131A.055
Inventory and receipt
131A.060
Seizure with court order
131A.065
Seizure without court order
131A.070
Delivery by third person
131A.075
Liens and security interests of financial institutions
131A.080
Care and custody of seized property generally
131A.085
Order for sale, lease, rental or operation of seized property
131A.090
Forfeiture trust accounts
131A.100
Hearing on probable cause
131A.105
Decision on seeking forfeiture
131A.150
Forfeiture notice
131A.155
Recorded forfeiture notice
131A.160
Transfer of proceedings prohibited
131A.165
Claims
131A.170
Expedited hearing on claim
131A.175
Expedited hearing on affirmative defenses
131A.180
Order restoring custody of property after expedited hearing
131A.200
Ex parte forfeiture
131A.225
Forfeiture actions generally
131A.230
Service
131A.235
Responsive pleading
131A.240
Response by affidavit
131A.245
Hearing on objections to affidavit
131A.250
Foreclosure of security interests, liens and vendor’s interests
131A.255
Standards of proof in forfeiture action
131A.260
Affirmative defenses in forfeiture action
131A.265
Stays
131A.270
Consolidation of actions
131A.275
Special motion for release of property
131A.300
Judgment forfeiting property generally
131A.305
Judgment forfeiting property
131A.310
Judgment for claimant
131A.315
Default judgment
131A.350
Disposition generally
131A.355
Intergovernmental agreements
131A.360
Distribution of forfeiture proceeds by local government
131A.365
Distribution of forfeiture proceeds by state
131A.370
Special Crime and Forfeiture Account
131A.400
Prosecuting attorneys and forfeiture counsel
131A.405
Liability of seizing agencies, forfeiting agencies and forfeiture counsel
131A.410
Indemnification of officers, employees and agents
131A.450
Record keeping and reporting requirements
131A.455
Asset Forfeiture Oversight Advisory Committee
131A.460
Asset Forfeiture Oversight Account
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