Bulletin: OR000004

Date:
May 15, 1989
To:
All Oregon Agents
RE:
Forfeitures

Dear Associates:

The Oregon Court of Appeals has invalidated a county ordinance that provided for the forfeiture to the county of real property used for illegal activity. Linn County v. 22.16 Acres of Real Property , 767 P.2d 473 (1989).

The county's ordinance stated that "forfeiture of the subject property is effective on the date the prohibited activity occurs. Title and ownership to the property shall pass to the county on that date". In this case, Linn County sought title to real property used to grow marijuana.

The court of appeals dismissed the ordinance. It ruled that Linn County did not have authority to enact such an ordinance. The punishment of crimes is a power restricted to the state legislature.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
6.34 Forfeitures
Exceptions Manual:
OR Forfeitures
Forms:
None