Oregon Statutes 131A.175 – Expedited hearing on affirmative defenses
(1) In any expedited hearing under ORS § 131A.170 in which a petitioner seeks a determination at the hearing of any of the affirmative defenses provided for in ORS § 131A.260, the court may consider evidence relating to those affirmative defenses and shall make a determination as to any of those defenses that may be asserted by the petitioner.
Terms Used In Oregon Statutes 131A.175
- 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
(2) If the court finds that the petitioner has proven an affirmative defense provided for in ORS § 131A.260, the court shall order that custody of the seized property be returned to the petitioner, to the extent of the petitioner’s interest, pending a final determination as to the disposition of the property, unless the forfeiting agency can show that the return of the property will result in prejudice to the agency in seeking forfeiture of other claimants’ interest in the property.
(3) If the court finds that the petitioner has failed to prove an affirmative defense provided for in ORS § 131A.260, the court shall continue the matter for further proceedings as a forfeiture action under this chapter. [2009 c.78 § 23]