ORS 471.666¹
Disposal of seized liquor and of vehicle or other conveyance

(1) The court, upon conviction of the person arrested under ORS 471.660 (Seizure of conveyance transporting liquor and liquor therein), shall order the alcoholic liquor delivered to the Oregon Liquor Control Commission, and shall, subject to the ownership rights of innocent third parties, order a sale at public auction by the sheriff of the county of the property seized. The sheriff, after deducting the expense of keeping the property and the cost of sale, shall pay all the liens, according to their priorities, which are established by intervention or otherwise at such hearing or in other proceedings brought for that purpose, and shall pay the balance of the proceeds into the general fund of the county. No claim of ownership or of any right, title or interest in or to such vehicle that is otherwise valid shall be held invalid unless the state shows to the satisfaction of the court, by clear and convincing evidence, that the claimant had knowledge that the vehicle was used or to be used in violation of law. All liens against property sold under this section shall be transferred from the property to the proceeds of the sale.

(2) If no person claims the vehicle or conveyance, the taking of the same and the description thereof shall be advertised in some daily newspaper published in the city or county where taken, or if no daily newspaper is published in such city or county, in a newspaper having weekly circulation in the city or county, once a week for two weeks and by handbills posted in three public places near the place of seizure, and shall likewise notify by mail the legal owner, in the case of an automobile, if licensed by the State of Oregon, as shown by the name and address in the vehicle registration records of the Department of Transportation. If no claimant appears within 10 days after the last publication of the advertisement, the property shall be sold and the proceeds, after deducting the expenses and costs, shall be paid into the general fund of the county. [1989 c.791 §18; 1993 c.741 §67; enacted in lieu of 471.665 in 1997]

Notes of Decisions

Under Former Similar Statute (ORS 471.665)

A vehicle may be forfeited under this sec­tion if the owner had knowledge that it was transporting contraband; the owner need not be convicted of pos­ses­sion of the contraband. Blackshear v. State, 17 Or App 364, 521 P2d 1320 (1974)

Where automobile was confiscated in connec­tion with search of defendant's home, police mailed letter to defendant's home on same day that state's ex parte mo­tion to confiscate automobile was granted, and letter did not inform defendant of a time or place for hearing to be held, letter was insufficient as notice. State v. Glascock, 33 Or App 217, 576 P2d 377 (1978) Sup Ct review denied

Where state produced no evidence to support finding that confiscated automobile was used for unlawful transporta­tion of narcotics, state had no right to automobile. State v. Glascock, 33 Or App 217, 576 P2d 377 (1978) Sup Ct review denied

Chapter 471

Atty. Gen. Opinions

Employ­ment by OLCC of staff member as "hearings advocate" at certain OLCC contested case hearings, (1983) Vol 44, p 1

Law Review Cita­tions

16 WLR 479 (1979)

1 Legislative Counsel Committee, CHAPTER 471—Alcoholic Liquors Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors471.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 471, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­471ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information