ORS § 131A.160

Current through 2024 Regular Session legislation effective June 6, 2024

Section 131A.160 - Transfer of proceedings prohibited

After service of a forfeiture notice under ORS 131A.150, or recording of a forfeiture notice under ORS 131A.155, a forfeiting agency may not transfer the proceedings to the federal government unless a state court has affirmatively found by a preponderance of the evidence that:

(1) The activity giving rise to the forfeiture is interstate in nature and sufficiently complex to justify the transfer;

(2) The seized property may be forfeited only under federal law; or

(3) Pursuing forfeiture under state law would unduly burden the forfeiting agency.

ORS 131A.160

2009 c. 78, § 20