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:

(1)

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

(2)

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

(3)

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

Source

Last accessed
Jun. 26, 2021