[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: 8CFR274.17]



[Page 639]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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

 

Sec. 274.17  Restoration of proceeds or appraised value.



    (a) The regional commissioner shall not grant restoration of 

proceeds of sale or the appraised value of a conveyance placed in 

official use or otherwise disposed of according to law unless the 

petitioner establishes that the petitioner:

    (1) Did not know of the seizure prior to the declaration of 

forfeiture;

    (2) Was in such circumstances as prevented the petitioner from 

knowing thereof; and

    (3) Would otherwise have been granted the relief of remission of 

forfeiture.

    (b) A grant of restoration of proceeds of sale or the appraised 

value of a conveyance placed in official use or otherwise disposed of 

according to law must be conditioned upon:

    (1) Execution of an instrument by the petitioner holding the United 

States, its agents and employees, harmless from all claims which may 

result from the grant of restoration of proceeds of sale or the 

appraised value of a conveyance placed in official use or otherwise 

disposed of according to law; and

    (2) Any other terms or conditions as the regional commissioner 

determines to be appropriate.