                                 CODE OF VIRGINIA

JUDGMENT OF CONDEMNATION; DESTRUCTION (§ 19.2-386.11)

A. If the forfeiture is established, the judgment shall be that the property be
condemned as forfeited to the Commonwealth subject to any remission granted
under subsection A of &#xA7; 19.2-386.10 and further that the same be sold,
unless (i) a sale thereof has been already made under &#xA7; 19.2-386.7, (ii)
the court determines that the property forfeited is of such minimal value 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 a participating
agency. If the court finds that the property may be subject to return to an
agency participating in the seizure in accordance with subsection C of &#xA7;
19.2-386.14, the order shall provide for storage of the property until the
determination to return it is made or, if return is not made, for sale of the
property as provided in this section and &#xA7; 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. If the property condemned
has been delivered to the claimant under &#xA7; 19.2-386.6, further judgment
shall be against the obligors in the bond for the penalty thereof, to be
discharged by the payment of the appraised value of the property, upon which
judgment, process of execution shall be awarded and the clerk shall endorse
thereon, &#8220;No security is to be taken.&#8221;

B. Forfeited cash and negotiable instruments shall be disposed of pursuant to
the provisions of &#xA7; 19.2-386.12.

C. Contraband, the sale or possession of which is unlawful, weapons and property
not sold because of the minimal value thereof, may be ordered destroyed by the
court.

HISTORY: 1989, c. 690; 1991, c. 560; 1993, c. 484.