48-16 - Closure of nuisance involving illegal drug transactions. - Virginia Statutes

§ 48-16. Closure of nuisance involving illegal drug transactions.

A. Upon a conviction under § 18.2-258 and after due notice and opportunity tobe heard on the part of any owner, lessor, or a lienholder not involved inthe original offense, by a proceeding similar to that in Chapter 22.1 (§19.2-386.1 et seq.) of Title 19.2 and upon proof of guilty knowledge, a courtmay order that such house, motor vehicle, aircraft, boat, vessel, or otherpremises, or any room or part thereof, be closed, but the court may, upon theowner or lessor giving bond in the penalty of not less than $500 and withsecurity to be approved by the court, conditioned that the premises shall notbe used for unlawful purposes, turn the same over to its owner or lessor; orproceeding may be had in equity as provided in § 48-17.

B. The penalties provided in this section shall be in addition to any otherpenalty provided by law, including immediate termination of a rentalagreement as provided in § 55-248.31.

C. In a civil or in rem proceeding under the provisions of this sectionjudgment shall not be entered against the owner, lessor, or lienholder ofproperty unless it is proved (i) that he knew of the unlawful use of theproperty and (ii) that he had the right, because of such unlawful use, toenter and repossess the property.

(2004, c. 462.)