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LINN COUNTY v. 22.16 ACRES OF REAL PROP.

87-0320; CA A45936.

767 P.2d 473 (1989)

95 Or.App. 59

LINN COUNTY, a Political Subdivision of the State of Oregon, Appellant, v. 22.16 ACRES OF REAL PROPERTY AND FIXTURES ATTACHED THERETO, Known As Tax Lot 200, Section 26, Township 13 South, Range 2 West, in Linn County, Oregon, and Items of Personal Property and Nine Hundred and Seven Dollars ($907) in U.S. Currency Located Thereat, Defendant, Floyd L. Carter and Alice Marlene Grant, Respondents.

Court of Appeals of Oregon.

Decided January 25, 1989.

Attorney(s) appearing for the Case

John T. Gibbon, Civil Deputy Dist. Atty., Albany, argued the cause for appellant. With him on the briefs were Jason Carlile, Linn County Dist. Atty., and Allison Smith, Civil Deputy Dist. Atty., Albany.

Robert J. McCrea, Eugene, argued the cause and filed the brief for respondents.

Russell B. West, Union County Dist. Atty., La Grande, filed a brief amicus curiae for Oregon Dist. Attorney's Ass'n.

John M. Junkin, County Counsel for Washington County, and Dan R. Olsen, Chief Asst. County Counsel, Hillsboro, filed a brief amicus curiae for Association of Oregon Counties.

Robert C. Homan, Eugene, filed a brief amicus curiae for American Civil Liberties Union Foundation of Oregon, Inc.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Linn County, in this action that it characterizes as civil, seeks to enforce a forfeiture of real and personal property pursuant to Linn County Code (LCC) § 8.20.000 et seq. That ordinance provides for the forfeiture to the county of property used or to be used for, or the profits or proceeds of, certain illegal activity. "Illegal activity" is characterized as "prohibited activity" and is defined as the completed or attempted...

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