131A.010
Legislative findings; preemption of local laws; remedy not exclusive. (1) The Legislative Assembly finds
that:
(a) Prohibited
conduct occurs in the course of criminal activities that result in, and are
facilitated by, the acquisition, possession or transfer of property subject to
civil forfeiture under this chapter.
(b) Transactions
involving property subject to civil forfeiture under this chapter escape
taxation.
(c) Governments
attempting to respond to prohibited conduct require additional resources.
(d) Proceeds and
instrumentalities of prohibited conduct should be forfeited, the rights and
interests of affected persons protected, and the laws of this state relating to
civil forfeiture of property based on prohibited conduct should be uniform
throughout the state.
(2) The
Legislative Assembly adopts the provisions of this chapter as the sole and
exclusive law of the state governing civil forfeiture of real and personal
property based on prohibited conduct. This chapter supersedes all charter
provisions, ordinances, regulations and other enactments adopted by cities and
counties relating to civil forfeitures. All forfeitures under the provisions of
this chapter are subject to the limitations of section 10, Article XV of the
Oregon Constitution.
(3) This chapter
is applicable throughout this state. The electors or the governing body of a
city or county may not enact, and the governing body of a city or county may
not enforce, any charter provision, ordinance, resolution or other regulation
that is inconsistent with this section.
(4) This chapter
does not impair the right of any city or county to enact ordinances providing
for the civil forfeiture of property if:
(a) The
prohibited conduct constitutes the commission of a crime as described in ORS
161.515;
(b) The property
constitutes proceeds or instrumentalities of the prohibited conduct; and
(c) The civil
forfeiture is subject to the procedures and limitations set forth in this
chapter.
(5) This chapter
does not limit or impair any right or remedy that any person or entity may have
under ORS 166.715 to 166.735. The application of any remedy under this chapter
is remedial and not punitive and does not affect the application of any other civil
or criminal remedy under any other provision of law. Civil remedies under this
chapter are supplemental and are not mutually exclusive. [2009 c.78 §2]
Notes of Decisions
Yamhill Cnty. v. Real Prop., 373 Or. 82 (Or. 2024).
· cites it 8× “” ORS 131A.010(1)(b), (c). It also specified that “[t] he application of any remedy under this chapter is remedial and not punitive.”
Yamhill Cnty. v. Real Prop., 373 Or. 82 (Or. 2024).
· cites it 8× “” ORS 131A.010(1)(b), (c). It also specified that “[t]he application of any remedy under this chapter is reme- dial and not punitive.”
Yamhill Cnty. v. Real Prop., 324 Or. App. 412 (Or. Ct. App. 2023).
· cites it 3× “Notwithstanding its characterization of ORS chapter 131A forfeitures as “remedial” rather than “punitive,” in ORS 131A.010, the legislature appears to have recognized that the character of forfeiture under Article XV, section 10, raises jeopardy issues; as noted, the legislature…”
— Or. Rev. Stat. § 131A.010(1)(b) — 2 cases
Yamhill Cnty. v. Real Prop., 373 Or. 82 (Or. 2024).
“” ORS 131A.010(1)(b), (c). It also specified that “[t] he application of any remedy under this chapter is remedial and not punitive.”
Yamhill Cnty. v. Real Prop., 373 Or. 82 (Or. 2024).
“” ORS 131A.010(1)(b), (c). It also specified that “[t]he application of any remedy under this chapter is reme- dial and not punitive.”
— Or. Rev. Stat. § 131A.010(1)(c) — 2 cases
Yamhill Cnty. v. Real Prop., 373 Or. 82 (Or. 2024).
“” ORS 131A.010(1)(b), (c). It also specified that “[t] he application of any remedy under this chapter is remedial and not punitive.”
Yamhill Cnty. v. Real Prop., 373 Or. 82 (Or. 2024).
“” ORS 131A.010(1)(b), (c). It also specified that “[t]he application of any remedy under this chapter is reme- dial and not punitive.”
— Or. Rev. Stat. § 131A.010(2) — 3 cases
Yamhill Cnty. v. Real Prop., 373 Or. 82 (Or. 2024).
“” ORS 131A.010(1)(b), (c). It also specified that “[t] he application of any remedy under this chapter is remedial and not punitive.”
Yamhill Cnty. v. Real Prop., 373 Or. 82 (Or. 2024).
“” ORS 131A.010(1)(b), (c). It also specified that “[t]he application of any remedy under this chapter is reme- dial and not punitive.”
Yamhill Cnty. v. Real Prop., 324 Or. App. 412 (Or. Ct. App. 2023).
“Notwithstanding its characterization of ORS chapter 131A forfeitures as “remedial” rather than “punitive,” in ORS 131A.010, the legislature appears to have recognized that the character of forfeiture under Article XV, section 10, raises jeopardy issues; as noted, the legislature…”
— Or. Rev. Stat. § 131A.010(5) — 3 cases
Yamhill Cnty. v. Real Prop., 373 Or. 82 (Or. 2024).
“” ORS 131A.010(1)(b), (c). It also specified that “[t] he application of any remedy under this chapter is remedial and not punitive.”
Yamhill Cnty. v. Real Prop., 373 Or. 82 (Or. 2024).
“” ORS 131A.010(1)(b), (c). It also specified that “[t]he application of any remedy under this chapter is reme- dial and not punitive.”
Yamhill Cnty. v. Real Prop., 324 Or. App. 412 (Or. Ct. App. 2023).
“Notwithstanding its characterization of ORS chapter 131A forfeitures as “remedial” rather than “punitive,” in ORS 131A.010, the legislature appears to have recognized that the character of forfeiture under Article XV, section 10, raises jeopardy issues; as noted, the legislature…”
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