Virginia Code 19.2-386.8: Exemptions
The following exemptions shall apply to property otherwise subject to forfeiture:
Terms Used In Virginia Code 19.2-386.8
- Court: means any court vested with appropriate jurisdiction under the Constitution and laws of the Commonwealth. See Virginia Code 19.2-5
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
1. No conveyance used by any person as a lawfully certified common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this section unless the owner of the conveyance was a consenting party or privy to the conduct giving rise to forfeiture or knew or had reason to know of it.
2. No conveyance may be forfeited under the provisions of this section for any conduct committed by a person other than the owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of this Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof.
3. No owner’s interest may be forfeited under this chapter if the court finds that:
a. He did not know and had no reason to know of the conduct giving rise to forfeiture;
b. He was a bona fide purchaser for value without notice;
c. The conduct giving rise to forfeiture occurred without his connivance or consent, express or implied; or
d. The conduct giving rise to forfeiture was committed by a tenant of a residential or commercial property owned by a landlord, and the landlord did not know or have reason to know of the tenant’s conduct.
4. No lien holder’s interest may be forfeited under this chapter if the court finds that:
a. The lien holder did not know of the conduct giving rise to forfeiture at the time the lien was granted;
b. The lien holder held a bona fide lien on the property subject to forfeiture and had perfected the same in the manner prescribed by law prior to seizure of the property; and
c. The conduct giving rise to forfeiture occurred without his connivance or consent, express or implied.
In the event the interest has been sold to a bona fide purchaser for value in order to avoid the provisions of this chapter, the Commonwealth shall have a right of action against the seller of the property for the proceeds of the sale.
1989, c. 690; 2005, c. 883.