2015 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 131A - Civil Forfeiture
Section 131A.225 - Forfeiture actions generally.

(1) A civil forfeiture action in rem may be brought as provided in this section in any case in which forfeiture is sought. A civil forfeiture action must be brought if:

(a) The property is real property;

(b) The property is in whole or part a manufactured dwelling as defined in ORS 446.003;

(c) The property is a floating home as defined in ORS 830.700;

(d) A claim has been made for the property under ORS 131A.165; or

(e) A person, other than a person who is believed by the forfeiting agency to have engaged in prohibited conduct, is known to have an interest in the property.

(2) If a claim has been made for seized property under ORS 131A.165, forfeiture counsel must commence a forfeiture action not more than 15 days after receipt of the claim. In all other cases, a forfeiture action must be commenced by forfeiture counsel within 30 days after seizure of the property.

(3) If the property to be forfeited is real property, the forfeiture action must be commenced in the circuit court for a county in which the property is situated. In all other cases, the forfeiture action must be commenced in the circuit court for the county in which the property was seized, or in the circuit court for the county in which any part of the prohibited conduct took place.

(4) A forfeiture action is commenced by filing a complaint. A copy of the inventory prepared under ORS 131A.055 must be attached to the complaint. The complaint need only allege that there is probable cause for seizure of the property or that a court order was issued under ORS 131A.060, and need not allege that any claimant has been convicted of a crime. A complaint under this section may be amended at any time to allege that a claimant has been convicted of a crime.

(5) A complaint in a forfeiture action is not subject to a motion to strike, a motion for summary judgment or any other pretrial motion for dismissal that is based solely on the lack of a criminal conviction in support of the forfeiture. This subsection does not affect the ability of a claimant to file a motion to strike or a motion for summary judgment based on the acquittal of the claimant of all criminal charges on which the forfeiture action is based, or based on dismissal of all criminal charges on which the forfeiture action is based.

(6) Forfeiture actions are governed by the Oregon Rules of Civil Procedure except to the extent those rules conflict with this chapter.

[2009 c.78 §26]