§261-73  Custody and disposal of derelictaircraft.  (a)  An aircraft which has been left unattended for a continuousperiod of more than twenty-four hours is a derelict, if:

(1)  The aircraft is obstructing a taxiway, runway orramp parking area, or is endangering life or property; or

(2)  The aircraft has been parked or otherwise left ata state airport or on public property contrary to law or rules having the forceand effect of law, or the aircraft has been left on private property withoutauthorization of the owner or occupant of the property and if:

(A)  The aircraft's certificate of registrationor aviation document is no longer effective and the registered owner no longerresides at the address listed in the aircraft registration document records ofthe Federal Aviation Administration; or

(B)  The last registered owner disclaimsownership and the current owner's name or address cannot be determined; or

(C)  The aircraft identification numbers andother means of identification have been removed so as to nullify efforts tolocate or identify the owner; or

(D)  The aircraft registration records of theFederal Aviation Administration contain no record that the aircraft has everbeen registered and the owner's name or address cannot be determined.

(b)  The director of transportation may cause aderelict aircraft to be immediately taken into custody.  Upon taking custody ofa derelict aircraft the director shall concurrently:

(1)  Give public notice of intended disposition;

(2)  When possible, post a notice of intendeddisposition on the aircraft; and

(3)  Serve a duplicate original of the notice ofintended disposition by certified mail, return receipt requested:

(A)  On the registered owner of the aircraft atthe last address shown on records in the Federal Aviation Administration;

(B)  On all lien holders who have filed afinancing statement indexed in the name of the registered owner in the bureauof conveyances or who are shown in the records of the Federal AviationAdministration; and

(C)  On any other person known to have aninterest in the aircraft whose address is known to the department oftransportation.  If the aircraft is not repossessed within twenty days afterthe giving and mailing of the notice, whichever occurs later, the aircraft may bedisposed of by negotiated sale, except that, when two or more purchasersindicate an interest in purchasing the aircraft, the aircraft will be sold atpublic auction to the highest bidder.  If no purchaser expresses a desire topurchase the aircraft, the aircraft may be destroyed or disposed of by anyother method authorized for abandoned aircraft. [L 1981, c 25, pt of §1; am L1998, c 2, §79]