reglab/housing_qa huggingface dataset:
OR Rev Stat § 131A.230 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.230 - Service.

(1) Upon commencement of a forfeiture action, the forfeiting agency must serve the summons and complaint on all persons known to have an interest in the property in the manner provided by ORCP 5 and 7 D. In addition, notice of the action must be published as provided in ORCP 7 D(6)(b) to (d) unless the forfeiture notice for the property was previously published in the manner provided in ORS 131A.150 (4). (2) If the property to be forfeited in a forfeiture action is a vehicle, and substitute service on the claimant is required because personal service cannot be reasonably accomplished, service in the manner provided by ORCP 7 D(4) is sufficient to establish jurisdiction over a registered owner or operator of a vehicle. (3) If the property to be forfeited in a forfeiture action is in whole or part a manufactured dwelling as defined in ORS 446.003 or a floating home as defined in ORS 830.700, the forfeiting agency must record a notice of seizure containing a description of the manufactured dwelling or floating home in all public offices maintaining records that impart constructive notice of matters relating to manufactured dwellings or floating homes. [2009 c.78 §27]
OR Rev Stat § 131A.235 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.235 - Responsive pleading.

Except as provided by ORS 131A.240, a person claiming an interest in property that is the subject of a forfeiture action must file a responsive pleading as provided in the Oregon Rules of Civil Procedure. If the person has not previously filed a claim under ORS 131A.165, a claim as described in ORS 131A.165 (3) must be attached to the responsive pleading. [2009 c.78 §28]
OR Rev Stat § 131A.240 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.240 - Response by affidavit.

(1) In lieu of filing a responsive pleading under ORS 131A.235, a financial institution holding an interest in the property may respond to a complaint with an affidavit establishing the financial institution’s interest in the property. (2) In lieu of filing a responsive pleading under ORS 131A.235, a person who has an interest in the property by reason of being the transferee or conveyor of an interest in the property under a contract for transfer or conveyance of an interest in real property as defined in ORS 93.905 may respond to a complaint in a forfeiture action by filing an affidavit establishing that: (a) The person did not take the property with the intent to defeat forfeiture of the property; (b) The person did not know and did not have reason to know that the property constituted proceeds or an instrumentality of prohibited conduct; and (c) The claimant did not acquiesce in the criminal conduct as described in ORS 131A.255 (4). (3) An affidavit under subsection (1) or (2) of this section must be filed within 30 days after service of the summons and complaint. The failure to file the affidavit or other responsive pleading under ORS 131A.235 within the time allowed constitutes a default. (4) A forfeiting agency may file objections to any or all of the assertions made in an affidavit filed under subsection (1) or (2) of this section. The objections must be filed within 20 days after the filing of an affidavit under subsection (1) or (2) of this section. The person filing the affidavit may respond to the objections by filing a supplemental affidavit limited to the matters stated in the affidavit of the forfeiting agency. The responding affidavit must be filed not later than five days after the forfeiting agency files objections. (5) If a forfeiting agency does not file objections within the time allowed by subsection (4) of this section, the interest of the person filing the affidavit is conclusively established for all purposes under this chapter. [2009 c.78 §29]
OR Rev Stat § 131A.245 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 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. [2009 c.78 §30]
OR Rev Stat § 131A.250 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.250 - Foreclosure of security interests, liens and vendor’s interests.

(1) If a responsive pleading or affidavit is filed under ORS 131A.235 or 131A.240, the court shall foreclose all security interests, liens and vendor’s interests in the property, including contracts for the transfer or conveyance of the property, for which the court determines that there is a legal or equitable basis for foreclosure. (2) Except for deficiencies resulting from disabling a hidden compartment in a motor vehicle with a hidden compartment, foreclosure of a security interest, lien or vendor’s interest under this section does not prevent a claimant from obtaining any deficiency to which the claimant would otherwise be entitled under the law. [2009 c.78 §31; 2009 c.874 §12]
OR Rev Stat § 131A.255 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.255 - Standards of proof in forfeiture action.

(1) In all forfeiture actions, the forfeiting agency must prove that a person has been convicted of a crime that constitutes prohibited conduct, and that the property to be forfeited is: (a) Proceeds of the crime for which the person has been convicted; (b) An instrumentality of the crime for which the person has been convicted; (c) Proceeds of one or more other crimes similar to the crime for which the person was convicted; or (d) An instrumentality of one or more other crimes similar to the crime for which the person was convicted. (2) A forfeiting agency may seek forfeiture of the property of a claimant who has been convicted of a crime that constitutes prohibited conduct if the property to be forfeited meets the requirements of subsection (1) of this section. A forfeiting agency may seek forfeiture of the property of a claimant who has not been convicted of a crime if the forfeiting agency proves that: (a) Another person has been convicted of a crime that constitutes prohibited conduct; (b) The property to be forfeited meets the requirements of subsection (1) of this section; and (c) The claimant: (A) Took the property with the intent to defeat forfeiture of the property; (B) Knew or should have known that the property was proceeds of prohibited conduct; or (C) Acquiesced in the prohibited conduct. (3) Except as provided in subsection (5) of this section, if the property to be forfeited in a forfeiture action is personal property, the forfeiting agency must prove the elements specified in subsection (2) of this section by a preponderance of the evidence. If the property to be forfeited in a forfeiture action is real property, the forfeiting agency must prove the elements specified in subsection (2) of this section by clear and convincing evidence. (4) For the purposes of subsection (2)(c) of this section, a claimant shall be considered to have acquiesced in prohibited conduct if the claimant knew of the prohibited conduct and failed to take reasonable action under the circumstances to terminate the prohibited conduct or prevent use of the seized property to facilitate the prohibited conduct. (5) If the forfeiting agency establishes in a forfeiture action that cash, weapons or negotiable instruments were found in close proximity to controlled substances or to instrumentalities of prohibited conduct, the burden is on any person claiming the cash, weapons or negotiable instruments to prove by a preponderance of the evidence that the cash, weapons or negotiable instruments are not proceeds of prohibited conduct or an instrumentality of prohibited conduct. [2009 c.78 §32]
OR Rev Stat § 131A.260 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.260 - Affirmative defenses in forfeiture action.

(1) A claimant may plead as an affirmative defense that the property was seized in violation of ORS 131A.025. (2) In any forfeiture action brought against real property claimed to be an instrumentality of prohibited conduct relating to controlled substances, a claimant may plead as an affirmative defense that the controlled substance was solely for personal use. (3) If, by a preponderance of the evidence, the claimant proves a defense under this section by a preponderance of the evidence, the court shall enter judgment for the claimant. [2009 c.78 §33]
OR Rev Stat § 131A.265 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.265 - Stays.

(1) The court may stay a forfeiture action upon motion of a party and good cause shown. Good cause may include a reasonable fear on the part of a claimant that the claimant could be prosecuted for conduct arising out of the same factual situation that gave rise to the seizure of property. Good cause for a motion made by forfeiture counsel may include the need for additional time to commence or complete a criminal proceeding related to the forfeiture action. (2) The court may stay a forfeiture action upon the filing of criminal charges that are related to the prohibited conduct that is the basis for the action. The stay may be granted upon the motion of forfeiture counsel, the motion of the district attorney in the related criminal proceeding, or the motion of the defendant in the related criminal proceeding. A stay granted under this section remains in effect until the final resolution of the related criminal proceeding. A motion for a stay by the defendant in the related criminal proceeding constitutes a waiver of double jeopardy by the defendant as to the forfeiture action and any related criminal proceeding. (3) A forfeiture action that has been stayed under this section may be consolidated for trial or other resolution with any related criminal proceeding as provided in ORS 131A.270. (4) Any party may file a motion with the court at any time to lift a stay granted under this section if good cause no longer exists for the stay. [2009 c.78 §34]
OR Rev Stat § 131A.270 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.270 - Consolidation of actions.

(1) A forfeiture action may be consolidated with any other action that relates to the same property or parties on motion by any party in the forfeiture action. (2) Upon motion by the state or other public body, or any criminal defendant who is also a claimant, a forfeiture action under this section may be consolidated for trial or other resolution with any related criminal proceeding. Trial or other resolution of the forfeiture action shall immediately follow the resolution of the related criminal proceeding, shall be part of the other proceeding and shall be heard by the same trier of fact. Any objection by the defendant to the consolidation, or any motion by the defendant to sever the related criminal case from the forfeiture action, constitutes a waiver of double jeopardy as to the related criminal action and the forfeiture action. [2009 c.78 §35]
OR Rev Stat § 131A.275 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.275 - Special motion for release of property.

(1) Any claimant who is alleged to have engaged in prohibited conduct, and who has filed a responsive pleading or affidavit in the manner required by ORS 131A.235 or 131A.240, may file a special motion for the release of all or part of the property subject to the forfeiture action if a criminal action alleging the commission of a crime, as described in ORS 161.515, is not brought against any owner of the property within 90 days after the property is seized. The court shall grant the motion except upon good cause shown by the forfeiting agency. The release of the property does not affect the ability of the forfeiting agency to continue the action for the purpose of seeking forfeiture of the released property. (2) A motion under this section may not be made for the release of any property that is held as evidence or for protective purposes. [2009 c.78 §36]
OR Rev Stat § 131A.300 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.300 - Judgment forfeiting property generally.

(1) A judgment forfeiting property shall recite the basis for the judgment. (2) After entry of a judgment forfeiting property, the forfeiting agency may transfer good and sufficient title for the property to purchasers and other transferees, and the title shall be recognized by all courts and public bodies. Any public body whose official functions include the issuance of certificates of title or other evidence of title is immune from civil or criminal liability if the issuance is pursuant to a judgment of forfeiture. (3) If real property is forfeited under a judgment forfeiting property, the forfeiting agency shall warrant the title of the property against constitutional defect. A warranty under this section is limited to the purchase price of the real property. (4) A forfeiting agency may apply to any circuit court judge for a writ of assistance directing the sheriff of the county to assist the forfeiting agency in seizing property identified in a judgment forfeiting property. [2009 c.78 §37; 2011 c.504 §4]
OR Rev Stat § 131A.305 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.305 - Judgment forfeiting property; judgment for forfeiting agency.

(1) If a judgment forfeiting property is entered, and the judgment finds against all claimants who have filed a responsive pleading or affidavit under ORS 131A.235 or 131A.240, title to the forfeited property passes to the forfeiting agency free of any interest or encumbrance in favor of a person who has been given notice of the proceedings. (2) If the court has determined that the property should be forfeited and has not foreclosed the interests of any party in the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure, and the court shall enter a judgment forfeiting the property to the forfeiting agency, subject to the interests of any claimants for whom judgment was entered. If the property is a motor vehicle with a hidden compartment, the interests of any claimants or financial institutions shall be reduced on a pro rata basis by the cost of disabling the hidden compartment. (3) If a judgment forfeiting property is entered, all valid interests in the property that are not foreclosed or otherwise extinguished under the judgment remain in effect. [2009 c.78 §38; 2009 c.874 §13]
OR Rev Stat § 131A.310 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.310 - Judgment for claimant.

(1) Except as provided in subsection (2) of this section, if a judgment is entered for a claimant in a proceeding under this chapter, the claimant’s property or interest in the property shall be returned or conveyed immediately to the claimant. All security interests, liens and other interests applicable to the property shall remain in effect as though the property had never been seized. Upon the return of the property to the owner, the seizing agency shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure. The court shall award costs, disbursements and attorney fees in the manner provided by ORCP 68 to the prevailing claimant, to be paid by the forfeiting agency. If the property is a motor vehicle with a hidden compartment, the seizing agency is not liable for any diminution in the value of the property as a result of disabling the compartment. (2) If a judgment is entered for a claimant in a proceeding under this chapter, but the court has foreclosed one or more interests in the property under ORS 131A.250, the seizing agency shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure. The judgment shall require that the property then be sold, pursuant to a sheriff’s sale or other sale authorized by the court, within such time as may be prescribed by the court. The property shall be sold subject to any interests in the property that have not been foreclosed, including any liens or security interests of a claimant whose claim has been upheld or of a financial institution that has filed the affidavit described in ORS 131A.240 (1). The judgment shall require that the proceeds of the sale be applied as follows: (a) The proceeds shall first be used to pay the costs of the sale. (b) If the property is a motor vehicle with a hidden compartment, after making the payment required by paragraph (a) of this subsection, the proceeds shall be used to reimburse the seizing agency for the cost of disabling the hidden compartment. (c) After payment of the costs of the sale and making any reimbursement required under paragraphs (a) and (b) of this subsection, the proceeds shall be applied to the satisfaction of the foreclosed liens, security interests and contracts in the order of their priority. (d) After making the payments required under paragraphs (a) to (c) of this subsection, any remaining amounts shall be paid to the claimant. [2009 c.78 §39; 2009 c.874 §14]
OR Rev Stat § 131A.315 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.315 - Default judgment.

(1) The court shall enter a judgment finding that a person who claims an interest in property that is the subject of a forfeiture action is in default, and provide for the forfeiture of the claimant’s interest without hearing, if: (a) The person does not make a claim for the property under ORS 131A.165 or file a responsive pleading under ORS 131A.235; or (b) The person files a responsive pleading under ORS 131A.235 but is thereafter found to be in default in the forfeiture action. (2) A default judgment may be entered under this section only if the forfeiting agency files an affidavit with the court showing that there was probable cause for seizure of the property. [2009 c.78 §40]
OR Rev Stat § 131A.350 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.350 - Disposition generally.

Except as otherwise provided by intergovernmental agreement and this chapter, a forfeiting agency may: (1) Sell, lease, lend or transfer forfeited property to any federal, state or local law enforcement agency or district attorney. (2) Sell forfeited property by public or other commercially reasonable sale and pay from the proceeds the expenses of keeping and selling the property. (3) Retain forfeited property. (4) With written authorization from the district attorney for the county in which the property was seized, destroy any forfeited firearms or controlled substances. [2009 c.78 §41]
OR Rev Stat § 131A.355 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.355 - Intergovernmental agreements.

A forfeiting agency shall distribute forfeiture proceeds equitably. Distribution of forfeiture proceeds may be made pursuant to intergovernmental agreement under ORS chapter 190. An intergovernmental agreement providing for the distribution of forfeiture proceeds may not provide for a distribution that violates section 10, Article XV of the Oregon Constitution. [2009 c.78 §42]
OR Rev Stat § 131A.370 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.370 - Special Crime and Forfeiture Account.

The Special Crime and Forfeiture Account is established in the General Fund of the State Treasury. The account shall consist of all forfeiture proceeds deposited in the account under ORS 131A.365. All moneys in the account are continuously appropriated to the Department of Justice and may be used only for the purposes specified in ORS 131A.365 (6). [2009 c.78 §45]
OR Rev Stat § 131A.400 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.400 - Prosecuting attorneys and forfeiture counsel.

(1) Notwithstanding ORS 8.720 or any other provision of law, but subject to the provisions of ORS 180.060, a district attorney may act as forfeiture counsel in any forfeiture proceeding. (2) In any forfeiture proceeding for which related criminal proceedings have been brought or could be brought, a prosecuting attorney or forfeiture counsel may participate in settlement negotiations initiated by the defendant or claimant or by the attorney representing the defendant or claimant. [2009 c.78 §46]
OR Rev Stat § 131A.405 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 131A - Civil Forfeiture|Section 131A.405 - Liability of seizing agencies, forfeiting agencies and forfeiture counsel.

(1) Seizing agencies, forfeiting agencies and forfeiture counsel are not civilly or criminally liable for any acts in seizing or forfeiting property under the provisions of this chapter if there was reasonable suspicion that the property was subject to seizure or forfeiture. An order directing seizure issued under ORS 131A.060 shall constitute a finding of reasonable suspicion that the property was subject to forfeiture. The immunity provided by this section extends to all officers, employees and agents of seizing agencies, forfeiting agencies and forfeiture counsel. (2) Nothing in this section affects any liability that may be imposed under the provisions of section 10 (14), Article XV of the Oregon Constitution. [2009 c.78 §47]