Sec.65.The repeal of statutory sections by section 64 of this 2009 Act does not affectany forfeiture proceeding commenced before the effective date of this 2009 Act[April 28, 2009] by giving a notice of seizure for forfeiture under ORS475A.055, as in effect immediately before the effective date of this 2009 Act,or by recording a notice of intent to forfeit under ORS 475A.050, as in effectimmediately before the effective date of this 2009 Act. Any forfeitureproceeding commenced before the effective date of this 2009 Act as described inthis subsection shall continue to be governed by the provisions of ORS475A.005, 475A.010, 475A.015, 475A.020, 475A.025, 475A.030, 475A.035, 475A.040,475A.045, 475A.050, 475A.055, 475A.060, 475A.065, 475A.070, 475A.075, 475A.080,475A.085, 475A.091, 475A.096, 475A.100, 475A.110, 475A.111, 475A.115, 475A.120,475A.126, 475A.130, 475A.155 and 475A.160, as in effect immediately before theeffective date of this 2009 Act. [2009 c.78 §65]
DEFINITIONS
131A.005Definitions.As used in this chapter:
(1)“All persons known to have an interest” means:
(a)Any person who filed a notice of interest for seized property with any publicoffice, in the manner required or permitted by law, before the property wasseized for forfeiture;
(b)Any person from whose custody property is seized for forfeiture; and
(c)Any person who has an interest in property seized for forfeiture, including allowners and occupants of the property, whose identity and address is known or isascertainable upon diligent inquiry and whose rights and interest in theproperty may be affected by the action.
(2)“Attorney fees” has the meaning given that term in ORCP 68 A.
(3)“Financial institution” means any person lawfully conducting business as:
(a)A financial institution or trust company, as those terms are defined in ORS706.008;
(b)A consumer finance company subject to the provisions of ORS chapter 725;
(c)A mortgage banker or a mortgage broker as those terms are defined in ORS86A.100, a mortgage servicing company or other mortgage company;
(d)An officer, agency, department or instrumentality of the federal government,including but not limited to:
(A)The Secretary of Housing and Urban Development;
(B)The Federal Housing Administration;
(C)The United States Department of Veterans Affairs;
(D)Rural Development and the Farm Service Agency of the United States Departmentof Agriculture;
(E)The Federal National Mortgage Association;
(F)The Government National Mortgage Administration;
(G)The Federal Home Loan Mortgage Corporation;
(H)The Federal Agricultural Mortgage Corporation; and
(I)The Small Business Administration;
(e)An agency, department or instrumentality of the state, including but notlimited to:
(A)The Housing and Community Services Department;
(B)The Department of Veterans’ Affairs; and
(C)The Public Employees Retirement System;
(f)An agency, department or instrumentality of any local government, as defined byORS 174.116 or special government body, as defined by ORS 174.117, includingbut not limited to such agencies as the Portland Development Commission;
(g)An insurer as defined in ORS 731.106;
(h)A private mortgage insurance company;
(i)A pension plan or fund or other retirement plan; and
(j)A broker-dealer or investment adviser as defined in ORS 59.015.
(4)“Forfeiting agency” means a public body that is seeking forfeiture of propertyunder this chapter.
(5)“Forfeiture counsel” means an attorney designated by a forfeiting agency torepresent the forfeiting agency in forfeiture proceedings.
(6)“Forfeiture proceeds” means all property that has been forfeited in aproceeding under this chapter, including money, earnings from forfeitedproperty and amounts realized from the sale of forfeited property.
(7)“Instrumentality” has the meaning given in ORS 131.550.
(8)“Law enforcement agency” means any agency that employs police officers orprosecutes criminal cases.
(9)“Motor vehicle with a hidden compartment” means a motor vehicle as defined inORS 801.360 that has had the vehicle’s original design modified by a personother than the manufacturer to create a
Sec.65.The repeal of statutory sections by section 64 of this 2009 Act does not affectany forfeiture proceeding commenced before the effective date of this 2009 Act[April 28, 2009] by giving a notice of seizure for forfeiture under ORS475A.055, as in effect immediately before the effective date of this 2009 Act,or by recording a notice of intent to forfeit under ORS 475A.050, as in effectimmediately before the effective date of this 2009 Act. Any forfeitureproceeding commenced before the effective date of this 2009 Act as described inthis subsection shall continue to be governed by the provisions of ORS475A.005, 475A.010, 475A.015, 475A.020, 475A.025, 475A.030, 475A.035, 475A.040,475A.045, 475A.050, 475A.055, 475A.060, 475A.065, 475A.070, 475A.075, 475A.080,475A.085, 475A.091, 475A.096, 475A.100, 475A.110, 475A.111, 475A.115, 475A.120,475A.126, 475A.130, 475A.155 and 475A.160, as in effect immediately before theeffective date of this 2009 Act. [2009 c.78 §65]
DEFINITIONS
131A.005Definitions.As used in this chapter:
(1)“All persons known to have an interest” means:
(a)Any person who filed a notice of interest for seized property with any publicoffice, in the manner required or permitted by law, before the property wasseized for forfeiture;
(b)Any person from whose custody property is seized for forfeiture; and
(c)Any person who has an interest in property seized for forfeiture, including allowners and occupants of the property, whose identity and address is known or isascertainable upon diligent inquiry and whose rights and interest in theproperty may be affected by the action.
(2)“Attorney fees” has the meaning given that term in ORCP 68 A.
(3)“Financial institution” means any person lawfully conducting business as:
(a)A financial institution or trust company, as those terms are defined in ORS706.008;
(b)A consumer finance company subject to the provisions of ORS chapter 725;
(c)A mortgage banker or a mortgage broker as those terms are defined in ORS86A.100, a mortgage servicing company or other mortgage company;
(d)An officer, agency, department or instrumentality of the federal government,including but not limited to:
(A)The Secretary of Housing and Urban Development;
(B)The Federal Housing Administration;
(C)The United States Department of Veterans Affairs;
(D)Rural Development and the Farm Service Agency of the United States Departmentof Agriculture;
(E)The Federal National Mortgage Association;
(F)The Government National Mortgage Administration;
(G)The Federal Home Loan Mortgage Corporation;
(H)The Federal Agricultural Mortgage Corporation; and
(I)The Small Business Administration;
(e)An agency, department or instrumentality of the state, including but notlimited to:
(A)The Housing and Community Services Department;
(B)The Department of Veterans’ Affairs; and
(C)The Public Employees Retirement System;
(f)An agency, department or instrumentality of any local government, as defined byORS 174.116 or special government body, as defined by ORS 174.117, includingbut not limited to such agencies as the Portland Development Commission;
(g)An insurer as defined in ORS 731.106;
(h)A private mortgage insurance company;
(i)A pension plan or fund or other retirement plan; and
(j)A broker-dealer or investment adviser as defined in ORS 59.015.
(4)“Forfeiting agency” means a public body that is seeking forfeiture of propertyunder this chapter.
(5)“Forfeiture counsel” means an attorney designated by a forfeiting agency torepresent the forfeiting agency in forfeiture proceedings.
(6)“Forfeiture proceeds” means all property that has been forfeited in aproceeding under this chapter, including money, earnings from forfeitedproperty and amounts realized from the sale of forfeited property.
(7)“Instrumentality” has the meaning given in ORS 131.550.
(8)“Law enforcement agency” means any agency that employs police officers orprosecutes criminal cases.
(9)“Motor vehicle with a hidden compartment” means a motor vehicle as defined inORS 801.360 that has had the vehicle’s original design modified by a personother than the manufacturer to create a
Sec.65.The repeal of statutory sections by section 64 of this 2009 Act does not affectany forfeiture proceeding commenced before the effective date of this 2009 Act[April 28, 2009] by giving a notice of seizure for forfeiture under ORS475A.055, as in effect immediately before the effective date of this 2009 Act,or by recording a notice of intent to forfeit under ORS 475A.050, as in effectimmediately before the effective date of this 2009 Act. Any forfeitureproceeding commenced before the effective date of this 2009 Act as described inthis subsection shall continue to be governed by the provisions of ORS475A.005, 475A.010, 475A.015, 475A.020, 475A.025, 475A.030, 475A.035, 475A.040,475A.045, 475A.050, 475A.055, 475A.060, 475A.065, 475A.070, 475A.075, 475A.080,475A.085, 475A.091, 475A.096, 475A.100, 475A.110, 475A.111, 475A.115, 475A.120,475A.126, 475A.130, 475A.155 and 475A.160, as in effect immediately before theeffective date of this 2009 Act. [2009 c.78 §65]
DEFINITIONS
131A.005Definitions.As used in this chapter:
(1)“All persons known to have an interest” means:
(a)Any person who filed a notice of interest for seized property with any publicoffice, in the manner required or permitted by law, before the property wasseized for forfeiture;
(b)Any person from whose custody property is seized for forfeiture; and
(c)Any person who has an interest in property seized for forfeiture, including allowners and occupants of the property, whose identity and address is known or isascertainable upon diligent inquiry and whose rights and interest in theproperty may be affected by the action.
(2)“Attorney fees” has the meaning given that term in ORCP 68 A.
(3)“Financial institution” means any person lawfully conducting business as:
(a)A financial institution or trust company, as those terms are defined in ORS706.008;
(b)A consumer finance company subject to the provisions of ORS chapter 725;
(c)A mortgage banker or a mortgage broker as those terms are defined in ORS86A.100, a mortgage servicing company or other mortgage company;
(d)An officer, agency, department or instrumentality of the federal government,including but not limited to:
(A)The Secretary of Housing and Urban Development;
(B)The Federal Housing Administration;
(C)The United States Department of Veterans Affairs;
(D)Rural Development and the Farm Service Agency of the United States Departmentof Agriculture;
(E)The Federal National Mortgage Association;
(F)The Government National Mortgage Administration;
(G)The Federal Home Loan Mortgage Corporation;
(H)The Federal Agricultural Mortgage Corporation; and
(I)The Small Business Administration;
(e)An agency, department or instrumentality of the state, including but notlimited to:
(A)The Housing and Community Services Department;
(B)The Department of Veterans’ Affairs; and
(C)The Public Employees Retirement System;
(f)An agency, department or instrumentality of any local government, as defined byORS 174.116 or special government body, as defined by ORS 174.117, includingbut not limited to such agencies as the Portland Development Commission;
(g)An insurer as defined in ORS 731.106;
(h)A private mortgage insurance company;
(i)A pension plan or fund or other retirement plan; and
(j)A broker-dealer or investment adviser as defined in ORS 59.015.
(4)“Forfeiting agency” means a public body that is seeking forfeiture of propertyunder this chapter.
(5)“Forfeiture counsel” means an attorney designated by a forfeiting agency torepresent the forfeiting agency in forfeiture proceedings.
(6)“Forfeiture proceeds” means all property that has been forfeited in aproceeding under this chapter, including money, earnings from forfeitedproperty and amounts realized from the sale of forfeited property.
(7)“Instrumentality” has the meaning given in ORS 131.550.
(8)“Law enforcement agency” means any agency that employs police officers orprosecutes criminal cases.
(9)“Motor vehicle with a hidden compartment” means a motor vehicle as defined inORS 801.360 that has had the vehicle’s original design modified by a personother than the manufacturer to create a