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YAMHILL COUNTY v. REAL PROPERTY

A173574.

526 P.3d 765 (2023)

324 Or. App. 412

YAMHILL COUNTY, a political subdivision of the State of Oregon and forfeiting agency, ON BEHALF OF the YAMHILL COUNTY INTERAGENCY NARCOTICS TEAM (YCINT) seizing agency, Plaintiff-Respondent, v. REAL PROPERTY COMMONLY KNOWN AS: 11475 NW PIKE ROAD, YAMHILL, Oregon, Yamhill County and Any Residence, Buildings, or Storage Facilities Thereon, Defendant in Rem., and Sheryl Lynn Sublet, Claimant-Appellant.

Court of Appeals of Oregon.

March 8, 2023.

Attorney(s) appearing for the Case

Zachary J. Stern , Salem, argued the cause for appellant. Also on the brief was Ferder, Casebeer, French & Stern, LLP.

Timothy S. Sadlo , Portland, argued the cause and filed the brief for respondent.

Before Kamins, Presiding Judge, and Lagesen, Chief Judge, and Jacquot, Judge.

Historically—in Oregon and elsewhere —the law has provided for the forfeiture of property involved in criminal activity, regardless of the owner's involvement in any crime. The law has done so through a legal fiction: that property itself can be a guilty actor, entitling the government to take it.

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