                                 CODE OF VIRGINIA

SEIZURE OF NAMED PROPERTY (§ 19.2-386.2)

A. When any property subject to seizure under Chapter 22.2 (&#xA7; 19.2-386.15
et seq.) or other provision under the Code has not been seized at the time an
information naming that property is filed, the clerk of the circuit court or a
judge of the circuit court, upon motion of the attorney for the Commonwealth
wherein the information is filed, shall issue a warrant to the sheriff or other
state or local law-enforcement officer authorized to serve criminal process in
the jurisdiction where the property is located, describing the property named in
the complaint and authorizing its immediate seizure.

B. In all cases of seizure of real property, a notice of lis pendens shall be
filed with the clerk of the circuit court of the county or city wherein the
property is located and shall be indexed in the land records in the name or
names of those persons whose interests appear to be affected thereby.

C. When any property is seized for the purposes of forfeiture under Chapter 22.2
(&#xA7; 19.2-386.15 et seq.) or other forfeiture provision under the Code, the
agency seizing the property shall, as soon as practicable after the seizure,
conduct an inventory of the seized property and shall, as soon as practicable,
provide a copy of the inventory to the owner. An agency&#8217;s failure to
provide a copy of an inventory pursuant to this subsection shall not invalidate
any forfeiture.

D. When any property is seized for the purposes of forfeiture under Chapter 22.2
(&#xA7; 19.2-386.15 et seq.) or other forfeiture provision under the Code, and
an information naming that property has not been filed, neither the agency
seizing the property nor any other law-enforcement agency may request, require,
or in any manner induce any person who asserts ownership, lawful possession, or
any lawful right to the property to waive his interest in or rights to the
property until an information has been filed.

HISTORY: 1989, c. 690; 2002, cc. 588, 623; 2004, c. 995; 2006, c. 766; 2012, cc.
283, 756; 2015, c. 769; 2016, cc. 203, 423.