Oregon Law
Law as of Jan 1, 2026
Chapter contents
131A.005Definitions 131A.010Legislative findings; preemption of local laws; remedy not exclusive 131A.015Vesting of title to forfeited property 131A.020Property subject to forfeiture 131A.025Consensual search of motor vehicle; required notice 131A.030Seizure of motor vehicle with hidden compartment 131A.035Seizure of currency 131A.050Seizure generally 131A.055Inventory and receipt 131A.060Seizure with court order 131A.065Seizure without court order 131A.070Delivery by third person 131A.075Liens and security interests of financial institutions 131A.080Care and custody of seized property generally 131A.085Order for sale, lease, rental or operation of seized property 131A.090Forfeiture trust accounts 131A.100Hearing on probable cause 131A.105Decision on seeking forfeiture 131A.150Forfeiture notice 131A.155Recorded forfeiture notice 131A.160Transfer of proceedings prohibited 131A.165Claims 131A.170Expedited hearing on claim 131A.175Expedited hearing on affirmative defenses 131A.180Order restoring custody of property after expedited hearing 131A.200Ex parte forfeiture 131A.225Forfeiture actions generally 131A.230Service 131A.235Responsive pleading 131A.240Response by affidavit 131A.245Hearing on objections to affidavit 131A.250Foreclosure of security interests, liens and vendor’s interests 131A.255Standards of proof in forfeiture action 131A.260Affirmative defenses in forfeiture action 131A.265Stays 131A.270Consolidation of actions 131A.275Special motion for release of property 131A.300Judgment forfeiting property generally 131A.305Judgment forfeiting property; judgment for forfeiting agency 131A.310Judgment for claimant 131A.315Default judgment 131A.350Disposition generally 131A.355Intergovernmental agreements 131A.360Distribution of forfeiture proceeds by local government 131A.365Distribution of forfeiture proceeds by state 131A.370Special Crime and Forfeiture Account 131A.400Prosecuting attorneys and forfeiture counsel 131A.405Liability of seizing agencies, forfeiting agencies and forfeiture counsel 131A.410Indemnification of officers, employees and agents; payment of civil penalties 131A.450Record keeping and reporting requirements 131A.455Asset Forfeiture Oversight Advisory Committee 131A.460Asset Forfeiture Oversight Account

Chapter 131A — Civil Forfeiture

ORS 131A.245 Hearing on objections to affidavit

(1)

If a forfeiting agency files objections under ORS 131A.240, the court shall determine from the affidavits whether there is a genuine issue of material fact with respect to the assertions of the financial institution, transferor, conveyor or successor in interest.

(2)

If the court determines that there is no genuine issue of material fact as to the truth of the assertions in an affidavit filed under ORS 131A.240 (2):

(a)

The interest of the financial institution, transferor, conveyor or successor in interest shall be conclusively established for all purposes under this chapter;

(b)

A transferor, conveyor or successor in interest shall be considered a financial institution for all purposes under this chapter; and

(c)

The court shall order the forfeiting agency to pay the costs and disbursements, as described in ORCP 68 A, and the attorney fees of the prevailing financial institution, transferor, conveyor or successor in interest.

(3)

If the court determines that there is a genuine issue of material fact as to the truth of the assertions in an affidavit filed under ORS 131A.240, the financial institution, transferor, conveyor or successor in interest shall, within 15 days, file a responsive pleading as provided by ORS 131A.235. The court may order the financial institution, transferor, conveyor or successor in interest to pay the attorney fees of the forfeiting agency that were incurred in contesting the affidavit of the financial institution, transferor, conveyor or successor in interest if the court determines that the affidavit of the financial institution, transferor, conveyor or successor in interest was frivolous.

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Provenance

Version history

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