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Section 131A.160 – Transfer of proceedings prohibited

May 14, 2021 | Criminal Procedure, Oregon

After service of a forfeiture notice under ORS 131A.150, or recording of a forfeiture notice under ORS 131A.155, a forfeiting agency may not transfer the proceedings to the federal government unless a state court has affirmatively found by a preponderance of the evidence that:

(1) The activity giving rise to the forfeiture is interstate in nature and sufficiently complex to justify the transfer;
(2) The seized property may be forfeited only under federal law; or
(3) Pursuing forfeiture under state law would unduly burden the forfeiting agency.

ORS 131A.160

2009 c. 78, ยง 20