- May 15, 1989
- All Oregon Agents
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.
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