State v. Kelly

1 Citing case

  1. City of Portland v. Real Property

    914 P.2d 1136 (Or. Ct. App. 1996)

    It is clear from the above context that the legislature intended to include those persons who are commonly considered as holding an interest in real property — the owners and the occupiers. Under the statute, the person who owns the property before the illegal activity occurred continues to have an interest in the property until the agency seeking forfeiture has prevailed. If the agency does not prevail, the owner retains the interest as if there had been no forfeiture. State v. Kelly, 123 Or. App. 528, 531, 860 P.2d 843 (1993). Lopez-Aguilera falls within none of these categories.