2007 ORS 475A.050¹
Recorded notice of intent to forfeit real property
  • form

(1) Whenever the state or a political subdivision intends to forfeit any real property, the state or political subdivision may have recorded by the county clerk or other recorder of deeds of every county in which any part of the premises or real property lies a notice of intent to forfeit real property under ORS 205.246 (Instruments to be recorded). The notice shall contain the legal description of the real property, the common address if any and the attorney responsible for the forfeiture action. From the time of recording the notice, and from that time only, the intent to forfeit is notice to purchasers and encumbrances of the rights and equities in the premises of the party filing the notice. The notice shall be recorded in the same book and in the same manner in which mortgages are recorded and may be discharged in like manner as mortgages are discharged, either by such party or the attorney signing the notice.

(2) Unless otherwise prescribed by law, a party recording a notice of intent to forfeit shall use substantially the following form:

______________________________________________________________________________

NOTICE OF INTENT

TO FORFEIT

Pursuant to ORS 475A.050 (Recorded notice of intent to forfeit real property), the undersigned states:

That I, _______________ do declare that it is my intent to initiate forfeiture proceedings on the following described real property:

1. The description of the real property to be affected is:

________________________

________________________

________________________

________________________

________________________

2. The common address, if any, is:

________________________

________________________

________________________

Dated this _____ day of ________, _____.

This notice of intent to file forfeiture will expire on _____ day of ________, _____ absent future filings.

Name of agency seeking forfeiture

________________________

Name of Attorney

________________________

Address

________________________

________________________

________________________

Phone Number

________________________

State of Oregon )

) ss.

County of _____ )

The foregoing instrument was acknowledged before me this _____ day of ____________, ______.

_______________

Notary Public for Oregon

My commission expires________.

______________________________________________________________________________

(3) The notice of intent to forfeit property shall expire 30 days after the date of filing absent future filings to perfect. [1989 c.791 §19; 2001 c.780 §§21,21a]

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.