§ 4.1-342. Rights of innocent owner
If it appears to the satisfaction of the court that a claimant, if he claims to be the owner, was the bona fide owner of the conveyance or vehicle seized pursuant to § 4.1-339 at the time of the seizure; that he was ignorant of such illegal use; that the illegal use was without his connivance or consent; and that the innocent owner has perfected his title to the conveyance or vehicle, if it is a motor vehicle, if application for the title was made ten days 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 restore it to its innocent owner, although the jury, or the court trying the case without a jury, found against the claimant or the claimant has admitted that the conveyance or vehicle at the time of seizure contained illegally acquired alcoholic beverages or alcoholic beverages being illegally transported in amounts 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 Commonwealth as provided by law.
Where it is shown to the satisfaction of the court that the conveyance or vehicle was stolen from the person in possession, relief shall be granted the owner or lienor, either or both, and the costs of the proceedings shall be paid 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.)
Sections: Previous 4.1-335 4.1-336 4.1-337 4.1-338 4.1-339 4.1-340 4.1-341 4.1-342 4.1-343 4.1-344 4.1-345 4.1-346 4.1-347 4.1-348 4.1-349 NextLast modified: April 16, 2009