2021 Oregon Revised Statutes
Chapter 131A - Civil Forfeiture
Section 131A.080 - Care and custody of seized property generally.


(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.
(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 to 87.162 that attaches to the property after seizure of the property and before release or forfeiture of the property. [2009 c.78 §13]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 04 - Criminal Procedure, Crimes

Chapter 131A - Civil Forfeiture

Section 131A.005 - Definitions.

Section 131A.010 - Legislative findings; preemption of local laws; remedy not exclusive.

Section 131A.020 - Property subject to forfeiture.

Section 131A.025 - Consensual search of motor vehicle; required notice.

Section 131A.030 - Seizure of motor vehicle with hidden compartment.

Section 131A.050 - Seizure generally.

Section 131A.055 - Inventory and receipt.

Section 131A.060 - Seizure with court order.

Section 131A.065 - Seizure without court order.

Section 131A.070 - Delivery by third person.

Section 131A.075 - Liens and security interests of financial institutions.

Section 131A.080 - Care and custody of seized property generally.

Section 131A.085 - Order for sale, lease, rental or operation of seized property.

Section 131A.090 - Forfeiture trust accounts.

Section 131A.100 - Hearing on probable cause.

Section 131A.105 - Decision on seeking forfeiture.

Section 131A.150 - Forfeiture notice.

Section 131A.155 - Recorded forfeiture notice.

Section 131A.160 - Transfer of proceedings prohibited.

Section 131A.165 - Claims.

Section 131A.170 - Expedited hearing on claim.

Section 131A.175 - Expedited hearing on affirmative defenses.

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

Section 131A.200 - Ex parte forfeiture.

Section 131A.225 - Forfeiture actions generally.

Section 131A.230 - Service.

Section 131A.240 - Response by affidavit.

Section 131A.245 - Hearing on objections to affidavit.

Section 131A.250 - Foreclosure of security interests, liens and vendor’s interests.

Section 131A.255 - Standards of proof in forfeiture action.

Section 131A.260 - Affirmative defenses in forfeiture action.

Section 131A.265 - Stays.

Section 131A.270 - Consolidation of actions.

Section 131A.275 - Special motion for release of property.

Section 131A.300 - Judgment forfeiting property generally.

Section 131A.305 - Judgment forfeiting property; judgment for forfeiting agency.

Section 131A.310 - Judgment for claimant.

Section 131A.315 - Default judgment.

Section 131A.350 - Disposition generally.

Section 131A.360 - Distribution of forfeiture proceeds by local government.

Section 131A.365 - Distribution of forfeiture proceeds by state.

Section 131A.400 - Prosecuting attorneys and forfeiture counsel.

Section 131A.405 - Liability of seizing agencies, forfeiting agencies and forfeiture counsel.

Section 131A.410 - Indemnification of officers, employees and agents; payment of civil penalties.

Section 131A.450 - Record keeping and reporting requirements.

Section 131A.455 - Asset Forfeiture Oversight Advisory Committee.

Section 131A.460 - Asset Forfeiture Oversight Account.