Oregon Statutes 131A.160 – Transfer of proceedings prohibited
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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:
Terms Used In Oregon Statutes 131A.160
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Forfeiting agency: means a public body that is seeking forfeiture of property under this chapter. See Oregon Statutes 131A.005
- Property: means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due. See Oregon Statutes 131A.005
(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. [2009 c.78 § 20]
CLAIMS
(Generally)