2015 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 131A - Civil Forfeiture
Section 131A.180 - Order restoring custody of property after expedited hearing.

(1) An order restoring custody of property to a petitioner under ORS 131A.170 or 131A.175 shall:

(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]