(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 or 131A.175 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 or 131A.175 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]
Structure 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.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.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.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.