(a) The property is personal property;
(b) The property is not subject to an interest in favor of any person known to have an interest, other than a person who is believed by the forfeiting agency to have engaged in prohibited conduct; and
(c) A claim is not filed in the manner provided by ORS 131A.165 within the time allowed.
(2) At any time after the time for filing a claim under ORS 131A.165 has expired, a forfeiting agency may petition the circuit court specified in ORS 131A.225 (3) for an ex parte judgment of forfeiture under this section. The petition must state that the requirements of subsection (1) of this section have been met. An affidavit must be attached to the petition that states that forfeiture notice was served on all persons claiming an interest in the property, or that sets forth facts demonstrating the forfeiting agency’s efforts to accomplish service, together with proof of any publication of notice.
(3) Upon filing of a petition under this section, the court shall enter a judgment forfeiting the property identified in the petition. [2009 c.78 §25]
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.