                                 CODE OF VIRGINIA

EXEMPTIONS (§ 19.2-386.8)

The following exemptions shall apply to property otherwise subject to
forfeiture:

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

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

3. No owner&#8217;s interest may be forfeited under this chapter if the court
finds that:
			a. He did not know and had no reason to know of the conduct giving rise to
forfeiture;
			b. He was a bona fide purchaser for value without notice;
			c. The conduct giving rise to forfeiture occurred without his connivance or
consent, express or implied; or
			d. The conduct giving rise to forfeiture was committed by a tenant of a
residential or commercial property owned by a landlord, and the landlord did not
know or have reason to know of the tenant&#8217;s conduct.

4. No lien holder&#8217;s interest may be forfeited under this chapter if the
court finds that:
			a. The lien holder did not know of the conduct giving rise to forfeiture at
the time the lien was granted;
			b. The lien holder held a bona fide lien on the property subject to
forfeiture and had perfected the same in the manner prescribed by law prior to
seizure of the property; and
			c. The conduct giving rise to forfeiture occurred without his connivance or
consent, express or implied.
			In the event the interest has been sold to a bona fide purchaser for value in
order to avoid the provisions of this chapter, the Commonwealth shall have a
right of action against the seller of the property for the proceeds of the sale.

HISTORY: 1989, c. 690; 2005, c. 883.