(1) At any time after the seizure mentioned in ORS § 506.695, but before the entry of judgment pursuant to ORS § 506.695, the owner of the seized property may require the return thereof upon giving to the agency that seized the property a written undertaking, executed by sufficient surety, to be approved by the court described in ORS § 506.695, to the effect that such surety is bound in double the value of the property as determined by the court, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to the plaintiff of such sum as may, for any cause, be recovered against the owner. The owner shall file such written undertaking with the clerk of the court for the county in which the seizure occurred and shall serve a true copy thereof upon the district attorney for the same county.

(2) If confiscation or forfeiture of such property is required by a judgment of the court under ORS § 506.695, the owner shall return the property to the plaintiff. If the owner fails to return the property, any officer described under ORS § 506.521 may maintain an action upon such undertaking, and the clear proceeds shall be deposited with the State Treasury in the Common School Fund. [1977 c.652 § 7; 1987 c.858 § 8; 1993 c.699 § 27; 2009 c.835 § 11]

(Damages for Unlawful Taking)