Oregon Statutes 131A.260 – Affirmative defenses in forfeiture action
Current as of: 2023 | Check for updates
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(1) A claimant may plead as an affirmative defense that the property was seized in violation of ORS § 131A.025.
Terms Used In Oregon Statutes 131A.260
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Instrumentality: has the meaning given in ORS § 131. See Oregon Statutes 131A.005
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) In any forfeiture action brought against real property claimed to be an instrumentality of prohibited conduct relating to controlled substances, a claimant may plead as an affirmative defense that the controlled substance was solely for personal use.
(3) If, by a preponderance of the evidence, the claimant proves a defense under this section by a preponderance of the evidence, the court shall enter judgment for the claimant. [2009 c.78 § 33]
(Stays and Consolidation of Actions)