After service of a forfeiture notice under ORS 131A.150, or recording of a forfeiture notice under ORS 131A.155, a forfeiting agency may not transfer the proceedings to the federal government unless a state court has affirmatively found by a preponderance of the evidence that:

1. (1) The activity giving rise to the forfeiture is interstate in nature and sufficiently complex to justify the transfer;
2. (2) The seized property may be forfeited only under federal law; or
3. (3) Pursuing forfeiture under state law would unduly burden the forfeiting agency.

[2009 c.78 §20]