Oregon Code § 144.408·Enacted ·Last updated March 01, 2026
Statute Text
Hearing on petition.
(1) If, upon consideration of a petition for return or restoration of things
seized, it appears to the Department of Corrections that the things should be
returned or restored, but there is 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 department may set a further hearing, assuring that all persons
with a possible possessory interest in the things in question receive due
notice and an opportunity to be heard. Upon completion of the hearing, the
department shall enter an order for the return or restoration of the things
seized.
(2) Instead of
conducting the hearing provided for in subsection (1) of this section and
returning or restoring the property, the department in its discretion, may
leave the claimants to appropriate civil process for the determination of the
claims. [1991 c.286 §5; 2021 c.206 §5]
Note:
See note under 144.404.
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 144.408
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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