(1) A claimant may plead as an affirmative defense that the property was seized in violation of ORS 475A.025.
(2) In any action brought against property subject to forfeiture under ORS 475A.020 (7), 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, then judgment shall be entered for the claimant as provided in ORS 475A.110 (7).
(4) This defense may not be asserted by a financial institution that holds a security interest in the property. [1989 c.791 §8; 1991 c.322 §1; 1993 c.699 §21; 2001 c.780 §§10,10a; 2003 c.14 §§309,310; 2005 c.830 §32]Section: Previous 475A.050 475A.055 475A.060 475A.065 475A.070 475A.075 475A.080 475A.085 475A.090 475A.091 475A.095 475A.096 475A.100 475A.105 475A.110 Next
Last modified: August 7, 2008