                                 CODE OF VIRGINIA

SALE OF FORFEITED PROPERTY (§ 19.2-386.12)

A. Any sale of forfeited property shall be made for cash, after due
advertisement. The sale shall be by public sale or other commercially feasible
means authorized by the court in the order of forfeiture and shall vest in the
purchaser a clear and absolute title to the property sold subject to the rights
of any lien holder whose interest is not forfeited. The proceeds of sale, and
whatever may be realized on any bond given under &#xA7; 19.2-386.6, and any
money forfeited shall be paid over to the state treasury into a special fund of
the Department of Criminal Justice Services in accordance with &#xA7;
19.2-386.14.

B. In all cases of forfeiture under this section, the actual expenses incident
to the custody, preservation, and management of the seized property prior to
forfeiture, the actual expenses incident to normal legal proceedings to perfect
the Commonwealth&#8217;s interest in the seized property through forfeiture, and
the actual expenses incident to the sale thereof, including commissions, shall
be taxed as costs and shall be paid to the person or persons who incurred these
costs out of the net proceeds from the sale of such property. If there are no
proceeds, the actual expenses shall be paid by the Commonwealth from the
Criminal Fund. Actual expenses in excess of the available net proceeds shall be
paid by the Commonwealth from the Criminal Fund. The party or parties in
interest to any forfeiture proceeding commenced under this section shall be
entitled to reasonable attorney&#8217;s fees and costs if the forfeiture
proceeding is terminated in favor of such party or parties. Such fees and costs
shall be paid by the Commonwealth from the Criminal Fund.
			The residue, if any, shall be paid and disbursed as provided in subsection A
of &#xA7; 19.2-386.10 and &#xA7; 19.2-386.14 and regulations promulgated by the
Criminal Justice Services Board.

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