[ABANDONEDAIRCRAFT]

 

§261-71  Custody and disposal of abandonedaircraft.  (a)  Any aircraft:

(1)  Which has been left unattended for a continuousperiod of more than thirty days, and

(2)  Which is located upon an airport, as defined insection [261-1], under the jurisdiction or control of the State,

may be deemed abandoned and taken into custody anddisposed of by the director of transportation pursuant to this chapter.

(b)  Upon taking custody of any such aircraft awritten notice shall immediately be posted on the aircraft and a duplicateoriginal thereof shall be sent by certified mail, with a return receipt, to theregistered owner of the aircraft at the last address shown on the records ofthe Federal Aviation Administration or to such other address known to thedepartment of transportation which is more current; to all lien holders whohave filed a financing statement indexed in the name of the registered owner inthe state bureau of conveyances or who are shown on the records of the FederalAviation Administration; and to any other person known to have any interest inthe aircraft whose address is known to the department of transportation.  Thenotice shall contain a brief description of the aircraft, the location ofcustody, and the intended disposition of the aircraft if not repossessed withintwenty days after the mailing of the notice.  A notice need not be sent to anypurported owner or any other person whose interest in the aircraft is notrecorded with the Federal Aviation Administration or not known to thedepartment of transportation.

(c)  The department may assess and recover asagainst the owner of the aircraft, all airport use charges, landing fees,holding room use charges, towing, handling, aircraft storage charges,appraisal, advertising and other reasonable expenses incurred by the departmentin connection with the aircraft.

(d)  If the aircraft is not repossessed withintwenty days after the mailing of the notice, the aircraft shall be disposed ofby public auction, through oral tenders, or by sealed bids, after public noticehas been given; provided that the public auction shall not be held less thanfive days after public notice is given.  Where no bid is received, the aircraftmay be sold by negotiation, disposed of as junk, or donated to any governmentalagency.

(e)  Any person having an interest in theaircraft may take possession of the aircraft prior to the date of publicauction upon payment to the department of transportation of all airport usecharges, landing fees, holding room use charges, towing, handling, aircraftstorage charges, appraisal, advertising and other expenses chargeable to theaircraft or incurred by the department in connection with the aircraft.  If theperson taking possession of the aircraft is not the registered owner, thatperson shall, prior to taking possession of the aircraft, pay the foregoingfees, charges and expenses and post adequate security which shall not exceedthe value of the aircraft.  The security, if not forfeited, shall be returnedtwo years after receipt.

(f)  Public auction shall not be required whenthe appraised value of any aircraft, as determined by an independent appraiserwho has had at least one year of experience in the sale or purchase ofaircraft, is less than $100.  Upon that determination and after public noticehas been given, the director of transportation may sell the aircraft bynegotiation, dispose of it as junk, or donate the aircraft to any governmentalagency.

(g)  The transfer hereunder shall be evidencedby a bill of sale from the department of transportation, shall be considered atransfer by operation of law and shall be governed by provisions applicablethereto. [L 1981, c 25, pt of §1; am L 1998, c 2, §§77, 78]