Oregon Code § 133.663·Enacted ·Last updated March 01, 2026
Statute Text
Disputed possession rights.
(1) If, upon consideration of a motion for return or restoration of things
seized, it appears to the court that the things should be returned or restored,
but there is a substantial question whether they should be returned to the
person from whose possession they were seized or to some other person, or a
substantial question among several claimants to rightful possession, the court
may:
(a) Return the
things to the person from whose possession they were seized; or
(b)(A) Impound
the things seized and set a further hearing, ensuring that all persons with a
possible possessory interest in the things in question receive due notice and
an opportunity to be heard; and
(B) Upon
completion of the hearing provided for in subparagraph (A) of this paragraph,
enter an order for the return or restoration of the things seized.
(2) If there is
no substantial question whether the things should be returned to the person
from whose possession they were seized, they must be returned to the person
upon the release of the defendant from custody.
(3) Instead of
conducting the hearing provided for in subsection (1)(b)(A) of this section and
returning or restoring the property, the court, in its discretion, may leave
the several claimants to appropriate civil process for the determination of the
claims. [1973 c.836 §113; 2005 c.22 §103]