ORS 131A.160: Transfer of proceedings prohibited.

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. [2009 c.78 §20]

CLAIMS

(Generally)