ORS 131A.305
Judgment forfeiting property

  • judgment for forfeiting agency

(1)

If a judgment forfeiting property is entered, and the judgment finds against all claimants who have filed a responsive pleading or affidavit under ORS 131A.235 (Responsive pleading) or 131A.240 (Response by affidavit), title to the forfeited property passes to the forfeiting agency free of any interest or encumbrance in favor of a person who has been given notice of the proceedings.

(2)

If the court has determined that the property should be forfeited and has not foreclosed the interests of any party in the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) that have attached to the property since the seizure, and the court shall enter a judgment forfeiting the property to the forfeiting agency, subject to the interests of any claimants for whom judgment was entered. If the property is a motor vehicle with a hidden compartment, the interests of any claimants or financial institutions shall be reduced on a pro rata basis by the cost of disabling the hidden compartment.

(3)

If a judgment forfeiting property is entered, all valid interests in the property that are not foreclosed or otherwise extinguished under the judgment remain in effect. [2009 c.78 §38; 2009 c.874 §13]

Source: Section 131A.305 — Judgment forfeiting property; judgment for forfeiting agency, 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
Green check means up to date. Up to date

Current through early 2024

§ 131A.305’s source at oregon​.gov