Oregon Statutes 131A.010 – Legislative findings; preemption of local laws; remedy not exclusive
(1) The Legislative Assembly finds that:
Terms Used In Oregon Statutes 131A.010
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Property: means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due. See Oregon Statutes 131A.005
(a) Prohibited conduct occurs in the course of criminal activities that result in, and are facilitated by, the acquisition, possession or transfer of property subject to civil forfeiture under this chapter.
(b) Transactions involving property subject to civil forfeiture under this chapter escape taxation.
(c) Governments attempting to respond to prohibited conduct require additional resources.
(d) Proceeds and instrumentalities of prohibited conduct should be forfeited, the rights and interests of affected persons protected, and the laws of this state relating to civil forfeiture of property based on prohibited conduct should be uniform throughout the state.
(2) The Legislative Assembly adopts the provisions of this chapter as the sole and exclusive law of the state governing civil forfeiture of real and personal property based on prohibited conduct. This chapter supersedes all charter provisions, ordinances, regulations and other enactments adopted by cities and counties relating to civil forfeitures. All forfeitures under the provisions of this chapter are subject to the limitations of section 10, Article XV of the Oregon Constitution.
(3) This chapter is applicable throughout this state. The electors or the governing body of a city or county may not enact, and the governing body of a city or county may 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 civil forfeiture of property if:
(a) The prohibited conduct constitutes the commission of a crime as described in ORS § 161.515;
(b) The property constitutes proceeds or instrumentalities of the prohibited conduct; and
(c) The civil forfeiture is subject to the procedures and limitations set forth in this chapter.
(5) This chapter does not limit or impair any right or remedy that any person or entity may have under ORS § 166.715 to 166.735. The application of any remedy under this chapter is remedial and not punitive and does not affect the application of any other civil or criminal remedy under any other provision of law. Civil remedies under this chapter are supplemental and are not mutually exclusive. [2009 c.78 § 2]