2007 ORS 475A.010¹
Legislative findings
  • preemption of local laws
  • remedy not exclusive

(1) The Legislative Assembly finds that:

(a) The prohibited conduct defined in this chapter is undertaken in the course of profitable activities which result in, and are facilitated by, the acquisition, possession or transfer of property subject to forfeiture under this chapter;

(b) Transactions involving property subject to forfeiture under this chapter escape taxation;

(c) Governments attempting to respond to prohibited conduct require additional resources to meet their needs; and

(d) There is a need to provide for the forfeiture of certain property subject to forfeiture under this chapter, to provide for the protection of the rights and interests of affected persons, and to provide for uniformity throughout the state with respect to the laws of this state which pertain to the forfeiture of real and personal property based upon prohibited conduct as defined in this chapter.

(2) Therefore, the Legislative Assembly adopts the provisions of this chapter as the sole and exclusive law of the state pertaining to the forfeiture of real and personal property based upon the prohibited conduct, thereby replacing all charter provisions, ordinances, regulations and other enactments adopted by cities and counties pertaining to such forfeitures. After July 24, 1989, no actions for forfeiture shall be initiated except those in compliance with the provisions of this chapter.

(3) This chapter is applicable throughout this state and in all cities and counties. The electors or the governing body of a city or county shall not enact and the governing body shall 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 forfeiture of property based upon conduct that is other than prohibited conduct as defined in this chapter if:

(a) The property was used to commit the conduct described in the ordinances, or is proceeds of the conduct; and

(b) The forfeiture is subject to procedures and limitations set forth in this chapter.

(5) Nothing in this chapter shall be construed to limit or impair any right or remedy that any person or entity may have under ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title). The application of any remedy under this chapter is intended to be remedial and not punitive and shall not preclude or be precluded by the application of any previous or subsequent civil or criminal remedy under any other provision of law. Civil remedies under this chapter are supplemental and not mutually exclusive. [1989 c.791 §1; 1999 c.59 §145; 2001 c.780 §§2,2a]

Chapter 475A

Notes of Decisions

Civil forfeiture pro­ceed­ing under this chapter is not sufficiently crim­i­nal in nature to bar on state or federal double jeopardy grounds later pros­e­cu­­tion for prohibited con­duct that justified forfeiture. State v. Selness/Miller, 334 Or 515, 54 P3d 1025 (2002)

1 Legislative Counsel Committee, CHAPTER 475A—Civil Forfeiture, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­475a.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 475A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­475aano.­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.