Virginia Code

Va. Code Ann. § 19.2-386.12 (2026)

Sale of forfeited property

✓ current as of May 2026

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A. Any sale of forfeited property shall be made for cash, after due advertisement. The sale shall be by public sale or other commercially feasible means authorized by the court in the order of forfeiture and shall vest in the purchaser a clear and absolute title to the property sold subject to the rights of any lien holder whose interest is not forfeited. The proceeds of sale, and whatever may be realized on any bond given under § 19.2-386.6, and any money forfeited shall be paid over to the state treasury into a special fund of the Department of Criminal Justice Services in accordance with § 19.2-386.14.

B. In all cases of forfeiture under this section, the actual expenses incident to the custody, preservation, and management of the seized property prior to forfeiture, the actual expenses incident to normal legal proceedings to perfect the Commonwealth's interest in the seized property through forfeiture, and the actual expenses incident to the sale thereof, including commissions, shall be taxed as costs and shall be paid to the person or persons who incurred these costs out of the net proceeds from the sale of such property. If there are no proceeds, the actual expenses shall be paid by the Commonwealth from the Criminal Fund. Actual expenses in excess of the available net proceeds shall be paid by the Commonwealth from the Criminal Fund. The party or parties in interest to any forfeiture proceeding commenced under this section shall be entitled to reasonable attorney's fees and costs if the forfeiture proceeding is terminated in favor of such party or parties. Such fees and costs shall be paid by the Commonwealth from the Criminal Fund.

The residue, if any, shall be paid and disbursed as provided in subsection A of § 19.2-386.10 and § 19.2-386.14 and regulations promulgated by the Criminal Justice Services Board.

1989, c. 690; 1991, c. 560.

Notes of Decisions

Cited in 3 cases, 2000–2018 · leading case: Olympic Peninsula Narcotics Enf't Team v. Junction City Lots 1 Through 12 Inclusive, Block 35, 424 P.3d 1226 (Wash. 2018).

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Olympic Peninsula Narcotics Enf't Team v. Junction City Lots 1 Through 12 Inclusive, Block 35, 424 P.3d 1226 (Wash. 2018). “310(1); Utah Code § 24-4-110(l)(b) ; Va. Code § 19.2-386.12(B) ; Wyo. Stat. § 35-7-1049(p)(i).”

Commonwealth v. Lott, 81 Va. Cir. 32 (Amherst Cir. Ct. 2010). · cites it 3× “1 further direct that a sale be made of this real estate by public auction pursuant to the provisions of Va. Code § 19.2-386.12 of the Code of Virginia.”

Commonwealth v. Turner, 58 Va. Cir. 576 (2000). “” Thus, under § 19.2-386.12, the Code considers the seizure of both the “fruits” and “instrumentalities” of illegal drug transactions to be subject to the same procedure for sale and compensation should the forfeiture proceeding be terminated in favor of one party.”

— Va. Code Ann. § 19.2-386.12(B) — 1 case

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