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Oregon Revised Statutes

Or. Rev. Stat. § 131.550 (2026)

Definitions for ORS 131.550 to 131.600

✓ current as of May 2026
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      131.550 Definitions for ORS 131.550 to 131.600. As used in ORS 131.550 to 131.600:

      (1) “Acquiesce in prohibited conduct” means that a person knew of the prohibited conduct and knowingly failed to take reasonable action under the circumstances to terminate or avoid the use of the property in the course of prohibited conduct. For purposes of this subsection, “reasonable action under the circumstances” includes, but is not limited to:

      (a) Reporting the prohibited conduct to a law enforcement agency;

      (b) Commencing action that will assert the rights of the affiant as to the property interest;

      (c) Terminating a rental agreement; or

      (d) Seeking an abatement order under the provisions of ORS 105.505 to 105.520 or 105.550 to 105.600 or under any ordinance or regulation allowing abatement of nuisances.

      (2) “All persons known to have an interest” means:

      (a) Any person who has, prior to the time the property is seized for criminal forfeiture, filed notice of interest with any public office as may be required or permitted by law to be filed with respect to the property that has been seized for criminal forfeiture;

      (b) Any person from whose custody the property was seized; or

      (c) Any person who has an interest in the property, including all owners and occupants of the property, whose identity and address is known or is ascertainable upon diligent inquiry and whose rights and interest in the property may be affected by the action.

      (3) “Attorney fees” has the meaning given that term in ORCP 68 A.

      (4) “Financial institution” means any person lawfully conducting business as:

      (a) A financial institution or trust company, as those terms are defined in ORS 706.008;

      (b) A consumer finance company subject to the provisions of ORS chapter 725;

      (c) A mortgage banker or a mortgage broker as those terms are defined in ORS 86A.100, a mortgage servicing company or other mortgage company;

      (d) An officer, agency, department or instrumentality of the federal government, including but not limited to:

      (A) The Secretary of Housing and Urban Development;

      (B) The Federal Housing Administration;

      (C) The United States Department of Veterans Affairs;

      (D) Rural Development and the Farm Service Agency of the United States Department of Agriculture;

      (E) The Federal National Mortgage Association;

      (F) The Government National Mortgage Association;

      (G) The Federal Home Loan Mortgage Corporation;

      (H) The Federal Agricultural Mortgage Corporation; and

      (I) The Small Business Administration;

      (e) An agency, department or instrumentality of this state, including but not limited to:

      (A) The Housing and Community Services Department;

      (B) The Department of Veterans’ Affairs; and

      (C) The Public Employees Retirement System;

      (f) An agency, department or instrumentality of any municipality in this state, including but not limited to such agencies as the Portland Development Commission;

      (g) An insurer as defined in ORS 731.106;

      (h) A private mortgage insurance company;

      (i) A pension plan or fund or other retirement plan; and

      (j) A broker-dealer or investment adviser representative as defined in ORS 59.015.

      (5) “Forfeiture counsel” means an attorney designated to represent a seizing agency in criminal forfeiture actions or proceedings.

      (6) “Instrumentality” means property that is used or intended for use in prohibited conduct or that facilitates prohibited conduct.

      (7) “Law enforcement agency” means any agency that employs police officers or prosecutes criminal cases.

      (8) “Motor vehicle with a hidden compartment” means a motor vehicle as defined in ORS 801.360 that has had the vehicle’s original design modified by a person other than the manufacturer to create a container, space or enclosure for the purpose of concealing, hiding or otherwise preventing discovery of its contents and that is used or intended to be used to facilitate the commission of a criminal offense.

      (9) “Official law enforcement use” means a use that may reasonably be expected to result in the identification, apprehension or conviction of criminal offenders.

      (10) “Police officer” has the meaning given that term in ORS 133.525.

      (11) “Proceeds of prohibited conduct” means property derived directly or indirectly from, maintained by or realized through an act or omission that constitutes prohibited conduct, and includes any benefit, interest or property of any kind without reduction for expenses of acquiring or maintaining it or incurred for any other reason.

      (12) “Prohibited conduct” means:

      (a) For purposes of proceeds, a felony or a Class A misdemeanor.

      (b) For purposes of instrumentalities, any crime listed in ORS 131.602.

      (13) “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.

      (14) “Seizing agency” means a law enforcement agency that has seized property for criminal forfeiture.

      (15) “Weapon” means any instrument of offensive or defensive combat or anything used, or designed to be used, to destroy, defeat or injure a person. [2005 c.830 §1; 2007 c.71 §30; 2009 c.874 §5]

Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 2009–2024 · leading case: State v. Goodenow, 282 P.3d 8 (Or. Ct. App. 2012).
Sort: Relevance Newest Treatment
State v. Goodenow, 282 P.3d 8 (Or. Ct. App. 2012). · cites it 7× “167 — and two counts of criminal forfeiture, ORS 131.550 to 131.604 (providing for the forfeiture of all proceeds of prohibited conduct, which includes felonies and Class A misdemeanors).”
State v. Ehrensing, 223 P.3d 1060 (Or. Ct. App. 2009). · cites it 4× “864, and criminal forfeiture of property, ORS 131.550 to 131.602 (2005), amended by Or.”
State v. Fenton, 430 P.3d 152 (Or. Ct. App. 2018). · cites it 3× “Defendant points to various provisions of ORS 131.550 to 131.600, governing criminal-forfeiture proceedings, that he contends were not followed.”
State v. Ehrensing, 296 P.3d 1279 (Or. Ct. App. 2013). · cites it 2× “864, and asserted that the seized items were subject to criminal forfeiture, ORS 131.550 to 131.602. On September 20, 2006, defendant filed a pretrial motion for the return of marijuana to three cardholders for whom defendant had grown marijuana.”
State v. Bobbitt, 275 P.3d 187 (Or. Ct. App. 2012). · cites it 2× “561, or any other provision of the criminal forfeiture laws, see ORS 131.550 through 131.604, authorized the disclosure of defendant's financial records or seizure of defendant's safe deposit box, or that the criminal forfeiture laws in any way override the banking privacy laws.”
Yamhill Cnty. v. Real Prop., 373 Or. 82 (Or. 2024). “” See Or Laws 2005, chapter 830 (codified at ORS 131.550 - 131.604). But the legislature, instead, chose to authorize a separate in rem civil forfeiture proceeding that “does not affect the appli- cation of any other civil or criminal remedy under any other provision of law.”
State v. Thorn, 335 Or. App. 519 (Or. Ct. App. 2024). “Moreover, to the extent the state means to suggest that the court could potentially require criminal forfeiture as part of the sentence by means other than a sentence instruction, the state has not explained how that would be possible in this case, particularly when the statutes…”
Yamhill Cnty. v. Real Prop., 373 Or. 82 (Or. 2024). “” See Or Laws 2005, ch 830 (codified at ORS 131.550 - 131.604). But the legislature, instead, chose to authorize a separate in rem civil forfeiture proceeding that “does not affect the applica- tion of any other civil or criminal remedy under any other provision of law.”
State v. Thorn, 335 Or. App. 519 (Or. Ct. App. 2024). “Moreover, to the extent the state means to suggest that the court could potentially require criminal forfeiture as part of the sentence by means other than a sentence instruction, the state has not explained how that would be possible in this case, particularly when the statutes…”
State v. Forker, 523 P.3d 670 (Or. Ct. App. 2022). “temporary interference with property rights: “A motion for the return or restoration of things seized shall be based on the ground that the movant has a valid claim to rightful possession thereof, because: “(1) The things had been stolen or otherwise converted, and the movant is…”
— Or. Rev. Stat. § 131.550(11) — 1 case
State v. Goodenow, 282 P.3d 8 (Or. Ct. App. 2012). “167 — and two counts of criminal forfeiture, ORS 131.550 to 131.604 (providing for the forfeiture of all proceeds of prohibited conduct, which includes felonies and Class A misdemeanors).”
— Or. Rev. Stat. § 131.550(12)(a) — 1 case
State v. Goodenow, 282 P.3d 8 (Or. Ct. App. 2012). “167 — and two counts of criminal forfeiture, ORS 131.550 to 131.604 (providing for the forfeiture of all proceeds of prohibited conduct, which includes felonies and Class A misdemeanors).”
— Or. Rev. Stat. § 131.550(13) — 1 case
State v. Goodenow, 282 P.3d 8 (Or. Ct. App. 2012). “167 — and two counts of criminal forfeiture, ORS 131.550 to 131.604 (providing for the forfeiture of all proceeds of prohibited conduct, which includes felonies and Class A misdemeanors).”
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