Yamhill County v. Real Property

Summary

The court held that Oregon’s civil in rem forfeiture scheme under ORS chapter 131A does not facially constitute criminal punishment for purposes of the Fifth Amendment’s Double Jeopardy Clause. Applying the governing two-part inquiry, the court concluded that the scheme is intended to be civil and remedial and is not so punitive in purpose or effect as to overcome that characterization. The court reversed the Court of Appeals and remanded for consideration of the claimant’s remaining assignments of error.