The Property Protection Act of 2000 (220 KB), otherwise known as Ballot Measure 3-2000, is a voter-approved amendment to the Oregon Constitution intended to prohibit “asset forfeitures” unless the owner of the seized property is first convicted of a crime involving the property. For a period of time, Oregon was the only state in the nation that was conducting civil forfeitures absent a conviction.
Involvement
I was retained to assemble and then lead a diverse team of lawyers, lobbyists, and other strategists in drafting an amendment to the Oregon Constitution that was eventually approved by two-thirds of Oregon voters.
I also represented the sponsors of this law during the ballot title challenge and guided their efforts during the process to create the explanatory statement for the voters’ pamphlet.
After passage of the highly popular Oregon Property Protection Act of 2000, I successfully defended the law in court.
Background
In an “asset forfeiture proceeding,” the government takes property that the government suspects was used in a crime or constitutes the proceeds of a crime. The property may be personal property, cash, homes, or businesses.
Under the former Oregon law, there was no requirement that the owner of the property be convicted of a crime before his or her property was forfeited to the government.
Ballot Measure 3-2000 changed Oregon law to require that any property seized from a person must be returned unless the property owner is charged with and convicted of a crime.
Significance
Measure 3-2000 was an extraordinarily popular law. Unlike some ballot measures that pass by majority support only in the more populated counties, Measure 3-2000 passed by 60 percent or more of the voting population in every single county in the state.
A remarkable 67.2 percent of voters statewide voted in favor of Ballot Measure 3-2000. Notably, both “liberal” and “conservative” counties passed the measure. Liberal Lane County passed Ballot Measure 3-2000 by 71 percent and conservative Josephine County passed it by 80.5 percent, amazing indicators of bipartisan political support, which is an altogether rare occurrence.
I have the experience needed to assist in legislative drafting or in devising political solutions.
Call me at 503.274.4048 today to learn more.