4.1-342 - Rights of innocent owner. - Virginia Statutes

§ 4.1-342. Rights of innocent owner.

If it appears to the satisfaction of the court that a claimant, if he claimsto be the owner, was the bona fide owner of the conveyance or vehicle seizedpursuant to § 4.1-339 at the time of the seizure; that he was ignorant ofsuch illegal use; that the illegal use was without his connivance or consent;and that the innocent owner has perfected his title to the conveyance orvehicle, if it is a motor vehicle, if application for the title was made tendays prior to its seizure or within ten days from the time it was acquired,the court shall relieve the conveyance or vehicle from forfeiture and restoreit to its innocent owner, although the jury, or the court trying the casewithout a jury, found against the claimant or the claimant has admitted thatthe conveyance or vehicle at the time of seizure contained illegally acquiredalcoholic beverages or alcoholic beverages being illegally transported inamounts in excess of one quart or one liter if in a metric-sized container.In such cases the costs of the proceedings shall be paid by the Commonwealthas provided by law.

Where it is shown to the satisfaction of the court that the conveyance orvehicle was stolen from the person in possession, relief shall be granted theowner or lienor, either or both, and the costs of the proceedings shall bepaid by the Commonwealth as provided by law.

(Code 1950, § 4-56; 1954, c. 504; 1968, c. 763; 1971, Ex. Sess., c. 155;1973, c. 16; 1978, cc. 434, 436; 1981, c. 365; 1983, c. 271; 1984, c. 52;1993, c. 866.)