Oregon Statutes - Chapter 475A - Civil Forfeiture - Section 475A.085 - Affirmative defenses in civil action for forfeiture.

(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]

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Last modified: August 7, 2008