2006 Code of Virginia § 19.2-386.11 - Judgment of condemnation; destruction

19.2-386.11. Judgment of condemnation; destruction.

A. If the forfeiture is established, the judgment shall be that the propertybe condemned as forfeited to the Commonwealth subject to any remissiongranted under subsection A of 19.2-386.10 and further that the same besold, unless (i) a sale thereof has been already made under 19.2-386.7,(ii) the court determines that the property forfeited is of such minimalvalue that the sale would not be in the best interest of the Commonwealth or(iii) the court finds that the property may be subject to return to aparticipating agency. If the court finds that the property may be subject toreturn to an agency participating in the seizure in accordance withsubsection C of 19.2-386.14, the order shall provide for storage of theproperty until the determination to return it is made or, if return is notmade, for sale of the property as provided in this section and 19.2-386.12. If sale has been made, the judgment shall be against the proceeds of sale,subject to the rights of any lien holder whose interest is not forfeited. Ifthe property condemned has been delivered to the claimant under 19.2-386.6,further judgment shall be against the obligors in the bond for the penaltythereof, to be discharged by the payment of the appraised value of theproperty, upon which judgment, process of execution shall be awarded and theclerk shall endorse thereon, "No security is to be taken."

B. Forfeited cash and negotiable instruments shall be disposed of pursuant tothe provisions of 19.2-386.12.

C. Contraband, the sale or possession of which is unlawful, weapons andproperty not sold because of the minimal value thereof, may be ordereddestroyed by the court.

(1989, c. 690; 1991, c. 560; 1993, c. 484.)