Are law enforcement agencies required to hold a sheriffs auction to sell forfeited property?
According to §19.2-386.12 of the Code of Virginia, “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…” Therefore, a sheriff’s auction is not the only way to sell forfeited property, but the sale of the property must be advertised and open to the public. Many small law enforcement agencies use the “seal bid” process. They advertise the property and individuals make bids by placing their bid in a sealed envelope and depositing it in the place specified by the advertisement. Larger localities, however, do hold sheriff’s auctions.