Civil Forfeiture

ORS 131A.160
Transfer of proceedings prohibited

After service of a forfeiture notice under ORS 131A.150 (Forfeiture notice), or recording of a forfeiture notice under ORS 131A.155 (Recorded forfeiture notice), a forfeiting agency may not transfer the proceedings to the federal government unless a state court has affirmatively found by a preponderance of the evidence that:


The activity giving rise to the forfeiture is interstate in nature and sufficiently complex to justify the transfer;


The seized property may be forfeited only under federal law; or


Pursuing forfeiture under state law would unduly burden the forfeiting agency. [2009 c.78 §20]


Last accessed
Jun. 26, 2021