Virginia § 19.2-386.8 - Exemptions
Full text of Virginia Code of Virginia § 19.2-386.8 — Exemptions, with citation guidance and answers to common questions.
§ 19.2-386.8. Exemptions
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'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's conduct.
4. No lien holder'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.
1989, c. 690; 2005, c. 883.
Frequently Asked Questions About Virginia § 19.2-386.8
What does Code of Virginia § 19.2-386.8 cover?
Section 19.2-386.8 ("Exemptions") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 19.2-386.8?
A common citation format is "Code of Virginia § 19.2-386.8" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 19.2-386.8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.