§ 32-33-10.5-6 — Procedure for disposal and removal of abandoned or derelict aircraft from premises of public-use airport or fixed-base operator; notice

Indiana § 32-33-10.5-6

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 33: LIENS ON PERSONAL PROPERTY
• Ch. 10.5: Abandoned or Derelict Aircraft

Text

(a) If:
(1) the airport manager of a public-use airport; or
(2) the general manager of a fixed-base operator;
determines that an abandoned aircraft or a derelict aircraft is located on
the premises of the public-use airport or of the fixed-base operator, as
applicable, the airport manager (or the airport manager's designee) or
the general manager (or the general manager's designee) may dispose
of the abandoned aircraft or the derelict aircraft in the manner provided
in this chapter.
(b) If a determination described in subsection (a) is made that an
abandoned aircraft or a derelict aircraft is located on the premises of a
public-use airport or of a fixed-base operator, and the airport manager
or the general manager making the determination seeks to dispose of
the abandoned aircraft or the derelict aircraft under this chapter, the
airport manager (or the airport manager's designee) or the general
manager (or the general manager's designee) must do the following:
(1) Determine, by contacting the Aircraft Registration Branch of
the Federal Aviation Administration, the name and address of:
(A) the last registered owner of the aircraft; and
(B) any other person that has a legal or equitable interest in the
aircraft.
(2) Subject to subsection (c), deliver to the aircraft owner and any
other person having a legal or equitable interest in the aircraft a
written notice stating that the aircraft:
(A) has been determined to be abandoned or derelict; and
(B) is subject to:
(i) disposal and removal from the premises of the public-use
airport or of the fixed-base operator;
(ii) the recovery, by the owner or operator of the public-use
airport or by the fixed-base operator, of any accrued and
unpaid fees or charges incurred with respect to the aircraft
while located on the premises of the public-use airport or of
the fixed-base operator; and
(iii) the foreclosure of a lien with respect to any fees and
charges described in item (ii).
(c) The following requirements apply to the notice required under
subsection (b)(2):
(1) The notice must include the following:
(A) A description of the aircraft by Federal Aviation
Administration N-Number, manufacturer name, model
designation, and serial number.
(B) The facts supporting the determination that the aircraft is
abandoned or derelict and is subject to disposal and removal
from the premises of the public-use airport or of the fixed-base
operator.
(C) The amount of any accrued and unpaid fees or charges:
(i) incurred with respect to the aircraft while located on the
premises of the public-use airport or of the fixed-base
operator; and
(ii) for which a lien is being asserted.
(D) A statement that upon receipt of the notice, the aircraft
owner has thirty (30) days to:
(i) remove the aircraft from the premises of the public-use
airport or of the fixed-base operator; and
(ii) pay any accrued and unpaid fees or charges identified
under clause (C).
(E) A statement that the public-use airport's owner or operator,
or the fixed-base operator, as applicable, may:
(i) assert a lien for any accrued and unpaid fees or charges
identified under clause (C) that are not paid within the thirty
(30) day period described in clause (D);
(ii) remove and dispose of the aircraft from the premises of
the public-use airport or of the fixed-base operator if the
aircraft is not removed from the premises within the thirty
(30) day period described in clause (D); and
(iii) sell the aircraft at a public auction or bid on the aircraft
if it is made available for disposal by means of a public
auction.
(F) A statement that the public-use airport's owner or operator,
or the fixed-base operator, as applicable, may scrap the aircraft
if no bids are received for the aircraft during a public auction of
the aircraft.
(G) The hand signature of an authorized signatory for:
(i) the owner or operator of the public-use airport; or
(ii) the fixed-base operator;
as applicable, located immediately above the title of the
signatory.
(2) Not later than thirty (30) days after the determination is made
that the aircraft is abandoned or derelict, the notice must:
(A) be delivered to the aircraft owner and any other person
having a legal or equitable interest in the aircraft by:
(i) certified mail, return receipt requested, and by first class
United States mail, postage prepaid;
(ii) a nationally recognized overnight courier service; or
(iii) personal delivery; and
(B) be filed with the Aircraft Registration Branch of the Federal
Aviation Administration.
(3) If the registered owner of an aircraft cannot be found or
served, notice by publication may be used in lieu of personal
service, courier service, or certified mail.

Legislative History

As added by P.L.172-2019, SEC.2.