                                 CODE OF VIRGINIA

(FOR EXPIRATION DATE, SEE EDITOR&#8217;S NOTES) PROCEEDING FOR CONDEMNATION OR
DESTRUCTION (§ 3.2-5152)

If unable to secure the written agreement to the condemnation or destruction in
accordance with subdivision B 1 of § 3.2-5151, the Commissioner shall make
complaint before a magistrate, or other officer authorized to issue summons,
having jurisdiction where the covered produce was seized. The magistrate or
other officer shall issue his summons to the person from whom the covered
produce was seized, directing him to appear before an appropriate court in such
jurisdiction not less than six nor more than 12 days from the date of issuing
the summons and show cause why the covered produce should not be condemned or
destroyed. If the person from whom the covered produce was seized cannot be
found, then the summons shall be served upon the person then in possession of
the covered produce. The summons shall be served at least six days before the
time of appearance mentioned therein. If the person from whom the covered
produce was seized cannot be found, and no one can be found in possession of the
covered produce, and the defendant does not appear on the return day, then an
appropriate court shall proceed in the cause in the same manner as where a writ
of attachment is returned not personally served upon any of the defendants and
none of the defendants appears upon the return day.

HISTORY: 2017, c. 574.