[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR274.10]



[Page 635-636]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 274_SEIZURE AND FORFEITURE OF CONVEYANCES--Table of Contents

 

Sec. 274.10  Judicial forfeiture proceedings upon claim and bond.



    (a) Any person claiming ownership of a seized conveyance with an 

appraised value that does not exceed the monetary amount set forth in 

title 19 U.S.C. 1607, may obtain judicial forfeiture proceedings in 

United States District Court by filing a claim and a bond as follows:

    (1) The claim must set forth the basis of the claimed ownership and 

allege why the conveyance was not subject to seizure;

    (2) The claim must be filed in the office specified in the notice 

and the advertisement as provided in Sec. 274.8 and Sec. 274.9 of this 

part within 20 days of the date of first publication of the 

advertisement;

    (3) The claim must be accompanied by a bond in the amount of the 

lesser of $5,000 or ten percent of the appraised value of the seized 

conveyance, but in no event less than $250, in the form of cash or 

certified check; and

    (4) If the bond is in the form of a check, it must be drawn payable 

to the Department of Justice. The costs and expenses of the judicial 

forefeiture proceedings will be paid from the bond, following completion 

of the proceedings. Any balance remaining shall be returned to the 

claimant.

    (b) The regional commissioner may waive the bond requirement in the 

manner provided in Sec. 103.7(c)(1) of this chapter.



[[Page 636]]



    (c) The filing of a claim and a bond does not entitle the claimant 

to possession of the conveyance.



[53 FR 43187, Oct. 26, 1988, as amended at 56 FR 8686, Mar. 1, 1991]