2006 Code of Virginia § 19.2-386.8 - Exemptions

19.2-386.8. Exemptions.

The following exemptions shall apply to property otherwise subject toforfeiture:

1. No conveyance used by any person as a lawfully certified common carrier inthe transaction of business as a common carrier may be forfeited under theprovisions of this section unless the owner of the conveyance was aconsenting party or privy to the conduct giving rise to forfeiture or knew orhad reason to know of it.

2. No conveyance may be forfeited under the provisions of this section forany conduct committed by a person other than the owner while the conveyancewas unlawfully in the possession of a person other than the owner inviolation of the criminal laws of this Commonwealth, or any other state, theDistrict of Columbia, the United States or any territory thereof.

3. No owner's interest may be forfeited under this chapter if the court findsthat:

a. He did not know and had no reason to know of the conduct giving rise toforfeiture;

b. He was a bona fide purchaser for value without notice;

c. The conduct giving rise to forfeiture occurred without his connivance orconsent, express or implied; or

d. The conduct giving rise to forfeiture was committed by a tenant of aresidential or commercial property owned by a landlord, and the landlord didnot 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 courtfinds that:

a. The lien holder did not know of the conduct giving rise to forfeiture atthe time the lien was granted;

b. The lien holder held a bona fide lien on the property subject toforfeiture and had perfected the same in the manner prescribed by law priorto seizure of the property; and

c. The conduct giving rise to forfeiture occurred without his connivance orconsent, express or implied.

In the event the interest has been sold to a bona fide purchaser for value inorder to avoid the provisions of this chapter, the Commonwealth shall have aright of action against the seller of the property for the proceeds of thesale.

(1989, c. 690; 2005, c. 883.)