Affirmative defenses in forfeiture action. (1) A claimant may plead as an affirmative defense that the property was seized in violation of ORS 131A.025

ORS 131A.260 — under Chapter 131A.

ORS 131A.260

(2) In any forfeiture action brought against real property claimed to be an instrumentality of prohibited conduct relating to controlled substances, a claimant may plead as an affirmative defense that the controlled substance was solely for personal use.

(3) If, by a preponderance of the evidence, the claimant proves a defense under this section by a preponderance of the evidence, the court shall enter judgment for the claimant. [2009 c.78 §33]

(Stays and Consolidation of Actions)