[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR274.10]

[Page 643-644]
 
                     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 644]]

    (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]