{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/5.1-2.25.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/5.1-2.25.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/5.1-2.25.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/5.1-2.25.html"}],"law_id":366603,"edition_id":2,"section_id":366603,"structure_id":52223,"section_number":"5.1-2.25","catch_line":"Abandoned or derelict aircraft; disposal","history":"2024, c. 810.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Abandoned aircraft” means an aircraft that has been disposed of on the premises of a public-use airport in a wrecked, inoperative, or partially dismantled condition or an aircraft that has without prior authorization remained in an idle state on premises owned or controlled by the operator of an airport for 90 consecutive calendar days.\n\n\t\t\t“Derelict aircraft” means any aircraft that is not in a flyable condition for a period of 90 consecutive calendar days or does not have a current valid certificate of airworthiness issued by the Federal Aviation Administration and is not in the process of being built, modified, inspected, repaired, or refurbished.\n\nB\n\nWhenever any abandoned or derelict aircraft is found or located on premises owned or controlled by the operator of an airport, the operator of the airport or his designee shall make a record of the date the aircraft was found or determined to be present on the airport premises.\n\nC\n\nThe airport operator or his designee shall contact the Federal Aviation Administration, Aircraft Registration Branch, to determine the name and address of the last registered owner of the aircraft and shall make a diligent search of available records, or contact an aircraft title search company, to determine the name and address of any person having an equitable or legal interest in the aircraft. Within 30 calendar days after receipt of such information, the airport operator or his designee shall notify the owner and all persons having an equitable or legal interest in the aircraft by certified mail, return receipt requested, of the location of the abandoned or derelict aircraft on the airport premises; any fees and charges for the use of the airport by the aircraft that have accrued and the amount thereof; if the aircraft is subject to a lien under subsection F for the accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft; that the lien is subject to enforcement pursuant to law; and that the airport may cause the use, trade, sale, or removal of the aircraft if, within 90 calendar days after the date of receipt of such notice, the aircraft has not been removed from the airport upon payment in full of all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft.\n\nD\n\nIf the owner of the aircraft is unknown or cannot be found, the airport operator or his designee shall cause a laminated notice, in a form prescribed by the Board, to be placed conspicuously upon a window of such aircraft stating that the aircraft is unlawfully upon the airport’s property, has accrued fees and charges for the use of such property, and those fees must be paid in full and the property removed within 90 calendar days of the date of the notice or the property will be removed or disposed of. The notice shall also provide that the aircraft is subject to a lien for all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft, as well as the publication of such notice. The notice shall include the date of posting. Such notice shall be not less than eight inches by 10 inches and shall be sufficiently weatherproof to withstand normal exposure to the weather. If, at the end of 90 calendar days after posting the notice, the owner or any person having an equitable or legal interest in the described abandoned or derelict aircraft has not removed the aircraft from the airport upon payment in full or entry into a written payment plan for all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft, or shown reasonable cause for failure to do so, the airport operator or his designee may dispose of the aircraft as provided in subsection E.\n\nE\n\nSuch abandoned or derelict aircraft shall be removed within the time period specified in the notice provided under subsection C or D. If, at the end of such time period, the owner or any person having an equitable or legal interest in the described abandoned or derelict aircraft has not removed the aircraft from the airport upon payment in full or entry into a written payment plan for all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft, or shown reasonable cause for the failure to do so, the airport operator or his designee may (i) retain such aircraft or any part thereof for use by the airport; (ii) trade such aircraft to another airport operator, the Commonwealth, or a subdivision thereof; (iii) sell such aircraft at public auction; or (iv) dispose of such aircraft through an appropriate refuse removal company or a company that provides salvage services for aircraft.\n\n1\n\nIf the airport elects to sell the aircraft, the aircraft must be sold at public auction after (i) giving notice of the time and place of sale twice, once no less than 30 calendar days and once no less than 10 calendar days prior to the date of sale, in a publication of general circulation within the county or city where the airport is located; (ii) posting notice of the time and place of sale in the airport no less than 30 calendar days prior to the date of sale; and (iii) after providing written notice of the intended sale to all parties known to have an equitable or legal interest in the aircraft.\n\n2\n\nIf the airport elects to dispose of the aircraft as provided in clause (iv), the airport shall be entitled to negotiate with the company for a price to be received from such company in payment for the aircraft, or, if circumstances so warrant, a price to be paid to such company by the airport for the costs of disposing of the aircraft. All information pertaining to the establishment of such price and the justification for the amount of such price shall be prepared and maintained by the airport, and such negotiated price shall be deemed to be a commercially reasonable price.\n\n3\n\nIf the sale price or the negotiated price is less than the airport’s then current charges and costs against the aircraft or if the airport is required to pay the salvage company for its services, the owner of the aircraft shall remain liable to the airport for the airport’s costs that are not offset by the sale price or negotiated price, in addition to the owner’s liability for payment to the airport of the price the airport was required to pay any salvage company. All costs incurred by the airport in the removal, storage, and sale of any aircraft shall be recoverable against the owner of the aircraft, including attorney fees.\n\n4\n\nIf the sale price or the negotiated price is greater than the airport’s then current charges and costs against the aircraft, the surplus of the proceeds of the sale or negotiated price shall be distributed to the owner of the aircraft and all parties known to have an equitable or legal interest in the aircraft by priority.\n\nF\n\nThe airport shall have a lien on an abandoned or derelict aircraft for all fees and charges for the use of the airport by such aircraft and for all fees and charges incurred by the airport for the transportation, storage, and removal of such aircraft. As a prerequisite to perfecting a lien under this section, the airport operator or his designee shall serve a notice on the last registered owner and all persons having an equitable or legal interest in the aircraft. Serving the notice does not dispense with recording the claim of lien.\n\nG\n\nFor the purpose of perfecting its lien under this section, the airport shall record a claim of lien that shall state:\n\n1\n\nThe name and address of the airport;\n\n2\n\nThe name of the last registered owner of the aircraft and all persons having an equitable or legal interest in the aircraft;\n\n3\n\nThe dates upon which the lien is claimed by the airport;\n\n4\n\nThe fees and charges incurred by the aircraft for the use of the airport and the fees and charges for the transportation, storage, and removal of the aircraft, including attorney fees and post-judgment interest at six percent annually; and\n\n5\n\nA description of the aircraft sufficient for identification.\n\t\t\t\tThe claim of lien shall be signed and sworn to or affirmed by the airport operator or his designee and served on the last registered owner of the aircraft and all persons having an equitable or legal interest in the aircraft. The claim of lien shall be so served before recordation.\n\n\t\t\t\tThe claim of lien shall be recorded with the clerk of court in the county or city where the airport is located. The recording of the claim of lien shall be constructive notice to all persons of the contents and effect of such claim. The lien shall attach at the time of recordation and shall take priority as of that time.\n\nH\n\nA purchaser or recipient in good faith of an aircraft sold or obtained under this section takes the property free of the rights of persons then holding any equitable or legal interest in the aircraft, whether or not recorded. The purchaser or recipient is required to notify the appropriate Federal Aviation Administration office of such change in the registered owner of the aircraft.\n\nI\n\nIf the aircraft is sold at public sale, the airport shall deduct from the proceeds of sale the costs of transportation, storage, publication of notice, and all other costs reasonably incurred by the airport, including attorney fees, and any balance of the proceeds shall be deposited into an interest-bearing account not later than 30 calendar days after the airport’s receipt of the proceeds and held there for one year. The rightful owner of the aircraft may claim the balance of the proceeds within one year after the date of the deposit by making application to the airport and presenting acceptable written evidence of ownership to the airport operator or his designee. If no rightful owner claims the proceeds within the one-year period, the balance of the proceeds shall be retained by the airport to be used in any manner authorized by law.\n\nJ\n\nAny person acquiring a legal interest in an aircraft that is sold by an airport under this section shall be the lawful owner of such aircraft and all other equitable or legal interests in such aircraft shall be divested and of no further force and effect, provided that the holder of any such equitable or legal interests was notified of the intended disposal of the aircraft to the extent required in this section. The airport may issue documents of disposition to the purchaser or recipient of an aircraft disposed of under this section.\n\nK\n\nThe provisions of this section shall not apply to aircraft owned or operated by (i) active-duty military personnel or (ii) any person or business engaged in the commercial industry of building, modifying, inspecting, repairing, or refurbishing aircraft.\n\n","order_by":null,"text":{"0":{"id":1364931,"text":"For the purposes of this section:\n\t\t\t“Abandoned aircraft” means an aircraft that has been disposed of on the premises of a public-use airport in a wrecked, inoperative, or partially dismantled condition or an aircraft that has without prior authorization remained in an idle state on premises owned or controlled by the operator of an airport for 90 consecutive calendar days.\t\t\t“Derelict aircraft” means any aircraft that is not in a flyable condition for a period of 90 consecutive calendar days or does not have a current valid certificate of airworthiness issued by the Federal Aviation Administration and is not in the process of being built, modified, inspected, repaired, or refurbished.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1364932,"text":"Whenever any abandoned or derelict aircraft is found or located on premises owned or controlled by the operator of an airport, the operator of the airport or his designee shall make a record of the date the aircraft was found or determined to be present on the airport premises.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1364933,"text":"The airport operator or his designee shall contact the Federal Aviation Administration, Aircraft Registration Branch, to determine the name and address of the last registered owner of the aircraft and shall make a diligent search of available records, or contact an aircraft title search company, to determine the name and address of any person having an equitable or legal interest in the aircraft. Within 30 calendar days after receipt of such information, the airport operator or his designee shall notify the owner and all persons having an equitable or legal interest in the aircraft by certified mail, return receipt requested, of the location of the abandoned or derelict aircraft on the airport premises; any fees and charges for the use of the airport by the aircraft that have accrued and the amount thereof; if the aircraft is subject to a lien under subsection F for the accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft; that the lien is subject to enforcement pursuant to law; and that the airport may cause the use, trade, sale, or removal of the aircraft if, within 90 calendar days after the date of receipt of such notice, the aircraft has not been removed from the airport upon payment in full of all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1364934,"text":"If the owner of the aircraft is unknown or cannot be found, the airport operator or his designee shall cause a laminated notice, in a form prescribed by the Board, to be placed conspicuously upon a window of such aircraft stating that the aircraft is unlawfully upon the airport’s property, has accrued fees and charges for the use of such property, and those fees must be paid in full and the property removed within 90 calendar days of the date of the notice or the property will be removed or disposed of. The notice shall also provide that the aircraft is subject to a lien for all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft, as well as the publication of such notice. The notice shall include the date of posting. Such notice shall be not less than eight inches by 10 inches and shall be sufficiently weatherproof to withstand normal exposure to the weather. If, at the end of 90 calendar days after posting the notice, the owner or any person having an equitable or legal interest in the described abandoned or derelict aircraft has not removed the aircraft from the airport upon payment in full or entry into a written payment plan for all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft, or shown reasonable cause for failure to do so, the airport operator or his designee may dispose of the aircraft as provided in subsection E.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1364935,"text":"Such abandoned or derelict aircraft shall be removed within the time period specified in the notice provided under subsection C or D. If, at the end of such time period, the owner or any person having an equitable or legal interest in the described abandoned or derelict aircraft has not removed the aircraft from the airport upon payment in full or entry into a written payment plan for all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft, or shown reasonable cause for the failure to do so, the airport operator or his designee may (i) retain such aircraft or any part thereof for use by the airport; (ii) trade such aircraft to another airport operator, the Commonwealth, or a subdivision thereof; (iii) sell such aircraft at public auction; or (iv) dispose of such aircraft through an appropriate refuse removal company or a company that provides salvage services for aircraft.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":1364936,"text":"If the airport elects to sell the aircraft, the aircraft must be sold at public auction after (i) giving notice of the time and place of sale twice, once no less than 30 calendar days and once no less than 10 calendar days prior to the date of sale, in a publication of general circulation within the county or city where the airport is located; (ii) posting notice of the time and place of sale in the airport no less than 30 calendar days prior to the date of sale; and (iii) after providing written notice of the intended sale to all parties known to have an equitable or legal interest in the aircraft.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":1364937,"text":"If the airport elects to dispose of the aircraft as provided in clause (iv), the airport shall be entitled to negotiate with the company for a price to be received from such company in payment for the aircraft, or, if circumstances so warrant, a price to be paid to such company by the airport for the costs of disposing of the aircraft. All information pertaining to the establishment of such price and the justification for the amount of such price shall be prepared and maintained by the airport, and such negotiated price shall be deemed to be a commercially reasonable price.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":1364938,"text":"If the sale price or the negotiated price is less than the airport’s then current charges and costs against the aircraft or if the airport is required to pay the salvage company for its services, the owner of the aircraft shall remain liable to the airport for the airport’s costs that are not offset by the sale price or negotiated price, in addition to the owner’s liability for payment to the airport of the price the airport was required to pay any salvage company. All costs incurred by the airport in the removal, storage, and sale of any aircraft shall be recoverable against the owner of the aircraft, including attorney fees.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":1364939,"text":"If the sale price or the negotiated price is greater than the airport’s then current charges and costs against the aircraft, the surplus of the proceeds of the sale or negotiated price shall be distributed to the owner of the aircraft and all parties known to have an equitable or legal interest in the aircraft by priority.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"F"},"9":{"id":1364940,"text":"The airport shall have a lien on an abandoned or derelict aircraft for all fees and charges for the use of the airport by such aircraft and for all fees and charges incurred by the airport for the transportation, storage, and removal of such aircraft. As a prerequisite to perfecting a lien under this section, the airport operator or his designee shall serve a notice on the last registered owner and all persons having an equitable or legal interest in the aircraft. Serving the notice does not dispense with recording the claim of lien.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E4","next_prefix":"G"},"10":{"id":1364941,"text":"For the purpose of perfecting its lien under this section, the airport shall record a claim of lien that shall state:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"11":{"id":1364942,"text":"The name and address of the airport;","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"12":{"id":1364943,"text":"The name of the last registered owner of the aircraft and all persons having an equitable or legal interest in the aircraft;","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"13":{"id":1364944,"text":"The dates upon which the lien is claimed by the airport;","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"G4"},"14":{"id":1364945,"text":"The fees and charges incurred by the aircraft for the use of the airport and the fees and charges for the transportation, storage, and removal of the aircraft, including attorney fees and post-judgment interest at six percent annually; and","type":"section","prefixes":["G","4"],"prefix":"4","entire_prefix":"G4","prefix_anchor":"G4","level":2,"prior_prefix":"G3","next_prefix":"G5"},"15":{"id":1364946,"text":"A description of the aircraft sufficient for identification.\n\t\t\t\tThe claim of lien shall be signed and sworn to or affirmed by the airport operator or his designee and served on the last registered owner of the aircraft and all persons having an equitable or legal interest in the aircraft. The claim of lien shall be so served before recordation.\t\t\t\tThe claim of lien shall be recorded with the clerk of court in the county or city where the airport is located. The recording of the claim of lien shall be constructive notice to all persons of the contents and effect of such claim. The lien shall attach at the time of recordation and shall take priority as of that time.","type":"section","prefixes":["G","5"],"prefix":"5","entire_prefix":"G5","prefix_anchor":"G5","level":2,"prior_prefix":"G4","next_prefix":"H"},"16":{"id":1364947,"text":"A purchaser or recipient in good faith of an aircraft sold or obtained under this section takes the property free of the rights of persons then holding any equitable or legal interest in the aircraft, whether or not recorded. The purchaser or recipient is required to notify the appropriate Federal Aviation Administration office of such change in the registered owner of the aircraft.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G5","next_prefix":"I"},"17":{"id":1364948,"text":"If the aircraft is sold at public sale, the airport shall deduct from the proceeds of sale the costs of transportation, storage, publication of notice, and all other costs reasonably incurred by the airport, including attorney fees, and any balance of the proceeds shall be deposited into an interest-bearing account not later than 30 calendar days after the airport’s receipt of the proceeds and held there for one year. The rightful owner of the aircraft may claim the balance of the proceeds within one year after the date of the deposit by making application to the airport and presenting acceptable written evidence of ownership to the airport operator or his designee. If no rightful owner claims the proceeds within the one-year period, the balance of the proceeds shall be retained by the airport to be used in any manner authorized by law.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"18":{"id":1364949,"text":"Any person acquiring a legal interest in an aircraft that is sold by an airport under this section shall be the lawful owner of such aircraft and all other equitable or legal interests in such aircraft shall be divested and of no further force and effect, provided that the holder of any such equitable or legal interests was notified of the intended disposal of the aircraft to the extent required in this section. The airport may issue documents of disposition to the purchaser or recipient of an aircraft disposed of under this section.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"19":{"id":1364950,"text":"The provisions of this section shall not apply to aircraft owned or operated by (i) active-duty military personnel or (ii) any person or business engaged in the commercial industry of building, modifying, inspecting, repairing, or refurbishing aircraft.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":52223,"edition_id":2,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":52222,"metadata":{"child_laws":60,"child_structures":0},"date_created":"2026-08-02 02:56:16","date_modified":"2026-08-02 12:27:50","permalink":{"id":1460305,"object_type":"structure","relational_id":52223,"identifier":"1","token":"5.1\/1\/1","url":"\/5.1\/1\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52222,"edition_id":2,"name":"Aircraft, Airmen and Airports Generally","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":52221,"metadata":{"child_laws":78,"child_structures":3},"date_created":"2026-08-02 02:56:16","date_modified":"2026-08-02 12:27:49","permalink":{"id":1460303,"object_type":"structure","relational_id":52222,"identifier":"1","token":"5.1\/1","url":"\/5.1\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52221,"edition_id":2,"name":"Aviation","identifier":"5.1","label":"title","depth":1,"order_by":9,"parent_id":null,"metadata":{"child_laws":218,"child_structures":28},"date_created":"2026-08-02 02:56:16","date_modified":"2026-08-02 12:27:49","permalink":{"id":1460301,"object_type":"structure","relational_id":52221,"identifier":"5.1","token":"5.1","url":"\/5.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":366499,"structure_id":52223,"section_number":"5.1-1","catch_line":"(Effective July 1, 2030) Definitions","url":"\/5.1-1\/","token":"5.1\/1\/1\/5.1-1","metadata":false},{"id":366492,"structure_id":52223,"section_number":"5.1-1.1","catch_line":"Creation of Department of Aviation","url":"\/5.1-1.1\/","token":"5.1\/1\/1\/5.1-1.1","metadata":false},{"id":366493,"structure_id":52223,"section_number":"5.1-1.2","catch_line":"Appointment of Director; term; vacancies","url":"\/5.1-1.2\/","token":"5.1\/1\/1\/5.1-1.2","metadata":false},{"id":366494,"structure_id":52223,"section_number":"5.1-1.3","catch_line":"Oath and bond of Director; salary","url":"\/5.1-1.3\/","token":"5.1\/1\/1\/5.1-1.3","metadata":false},{"id":366495,"structure_id":52223,"section_number":"5.1-1.4","catch_line":"Enforcement of laws, rules and regulations","url":"\/5.1-1.4\/","token":"5.1\/1\/1\/5.1-1.4","metadata":false},{"id":366496,"structure_id":52223,"section_number":"5.1-1.5","catch_line":"General powers of Department","url":"\/5.1-1.5\/","token":"5.1\/1\/1\/5.1-1.5","metadata":false},{"id":366497,"structure_id":52223,"section_number":"5.1-1.6","catch_line":"Further powers and duties of Department; State Corporation Commission to administer Chapter 9","url":"\/5.1-1.6\/","token":"5.1\/1\/1\/5.1-1.6","metadata":false},{"id":366498,"structure_id":52223,"section_number":"5.1-1.7","catch_line":"Suits to enjoin violations of title","url":"\/5.1-1.7\/","token":"5.1\/1\/1\/5.1-1.7","metadata":false},{"id":366500,"structure_id":52223,"section_number":"5.1-10","catch_line":"Repealed","url":"\/5.1-10\/","token":"5.1\/1\/1\/5.1-10","metadata":false},{"id":366508,"structure_id":52223,"section_number":"5.1-11","catch_line":"Government-owned aircraft","url":"\/5.1-11\/","token":"5.1\/1\/1\/5.1-11","metadata":false},{"id":366519,"structure_id":52223,"section_number":"5.1-12","catch_line":"Federally certificated airlines and interstate service","url":"\/5.1-12\/","token":"5.1\/1\/1\/5.1-12","metadata":false},{"id":366615,"structure_id":52223,"section_number":"5.1-2","catch_line":"Repealed","url":"\/5.1-2\/","token":"5.1\/1\/1\/5.1-2","metadata":false},{"id":366586,"structure_id":52223,"section_number":"5.1-2.1","catch_line":"Virginia Aviation Commission continued as Virginia Aviation Board; membership; terms; Chairman","url":"\/5.1-2.1\/","token":"5.1\/1\/1\/5.1-2.1","metadata":false},{"id":366587,"structure_id":52223,"section_number":"5.1-2.10","catch_line":"Moneys received deemed trust funds","url":"\/5.1-2.10\/","token":"5.1\/1\/1\/5.1-2.10","metadata":false},{"id":366588,"structure_id":52223,"section_number":"5.1-2.11","catch_line":"Proceedings by bondholder or trustee to enforce rights","url":"\/5.1-2.11\/","token":"5.1\/1\/1\/5.1-2.11","metadata":false},{"id":366589,"structure_id":52223,"section_number":"5.1-2.12","catch_line":"Bonds made securities for investment and deposit","url":"\/5.1-2.12\/","token":"5.1\/1\/1\/5.1-2.12","metadata":false},{"id":366590,"structure_id":52223,"section_number":"5.1-2.13","catch_line":"Revenue refunding bonds; bonds for refunding and for cost of additional projects","url":"\/5.1-2.13\/","token":"5.1\/1\/1\/5.1-2.13","metadata":false},{"id":366591,"structure_id":52223,"section_number":"5.1-2.14","catch_line":"Contracts, leases, and other arrangements","url":"\/5.1-2.14\/","token":"5.1\/1\/1\/5.1-2.14","metadata":false},{"id":366592,"structure_id":52223,"section_number":"5.1-2.15","catch_line":"Resolutions, rules and regulations, etc","url":"\/5.1-2.15\/","token":"5.1\/1\/1\/5.1-2.15","metadata":false},{"id":366593,"structure_id":52223,"section_number":"5.1-2.16","catch_line":"Grants or loans of public or private funds","url":"\/5.1-2.16\/","token":"5.1\/1\/1\/5.1-2.16","metadata":false},{"id":366594,"structure_id":52223,"section_number":"5.1-2.17","catch_line":"Exemptions from taxes or assessments; payments to county or city in lieu of taxes","url":"\/5.1-2.17\/","token":"5.1\/1\/1\/5.1-2.17","metadata":false},{"id":366595,"structure_id":52223,"section_number":"5.1-2.18","catch_line":"Joint agency or authority; agreements authorized; terms","url":"\/5.1-2.18\/","token":"5.1\/1\/1\/5.1-2.18","metadata":false},{"id":366596,"structure_id":52223,"section_number":"5.1-2.19","catch_line":"Same; governing body; officers and agents; powers generally","url":"\/5.1-2.19\/","token":"5.1\/1\/1\/5.1-2.19","metadata":false},{"id":366597,"structure_id":52223,"section_number":"5.1-2.2","catch_line":"Powers and duties of Board","url":"\/5.1-2.2\/","token":"5.1\/1\/1\/5.1-2.2","metadata":false},{"id":366598,"structure_id":52223,"section_number":"5.1-2.20","catch_line":"Same; eminent domain","url":"\/5.1-2.20\/","token":"5.1\/1\/1\/5.1-2.20","metadata":false},{"id":366599,"structure_id":52223,"section_number":"5.1-2.21","catch_line":"Same; disposal of airport or facility","url":"\/5.1-2.21\/","token":"5.1\/1\/1\/5.1-2.21","metadata":false},{"id":366600,"structure_id":52223,"section_number":"5.1-2.22","catch_line":"Acquisition of airport previously operated by United States","url":"\/5.1-2.22\/","token":"5.1\/1\/1\/5.1-2.22","metadata":false},{"id":366601,"structure_id":52223,"section_number":"5.1-2.23","catch_line":"Board as successor to Virginia Airports Authority","url":"\/5.1-2.23\/","token":"5.1\/1\/1\/5.1-2.23","metadata":false},{"id":366602,"structure_id":52223,"section_number":"5.1-2.24","catch_line":"Applicability of certain sections","url":"\/5.1-2.24\/","token":"5.1\/1\/1\/5.1-2.24","metadata":false},{"id":366603,"structure_id":52223,"section_number":"5.1-2.25","catch_line":"Abandoned or derelict aircraft; disposal","url":"\/5.1-2.25\/","token":"5.1\/1\/1\/5.1-2.25","metadata":false},{"id":366604,"structure_id":52223,"section_number":"5.1-2.2:1","catch_line":"Further powers and duties of the Board","url":"\/5.1-2.2_1\/","token":"5.1\/1\/1\/5.1-2.2_1","metadata":false},{"id":366605,"structure_id":52223,"section_number":"5.1-2.2:2","catch_line":"Commercial air service plan","url":"\/5.1-2.2_2\/","token":"5.1\/1\/1\/5.1-2.2_2","metadata":false},{"id":366606,"structure_id":52223,"section_number":"5.1-2.2:3","catch_line":"Transparency and accountability in the use of Commonwealth Aviation Fund revenues","url":"\/5.1-2.2_3\/","token":"5.1\/1\/1\/5.1-2.2_3","metadata":false},{"id":366607,"structure_id":52223,"section_number":"5.1-2.2:4","catch_line":"Transparency and accountability for use of Department and Board funds","url":"\/5.1-2.2_4\/","token":"5.1\/1\/1\/5.1-2.2_4","metadata":false},{"id":366608,"structure_id":52223,"section_number":"5.1-2.3","catch_line":"Meetings of Board; quorum","url":"\/5.1-2.3\/","token":"5.1\/1\/1\/5.1-2.3","metadata":false},{"id":366609,"structure_id":52223,"section_number":"5.1-2.4","catch_line":"Repealed","url":"\/5.1-2.4\/","token":"5.1\/1\/1\/5.1-2.4","metadata":false},{"id":366610,"structure_id":52223,"section_number":"5.1-2.5","catch_line":"Eminent domain; right of entry","url":"\/5.1-2.5\/","token":"5.1\/1\/1\/5.1-2.5","metadata":false},{"id":366611,"structure_id":52223,"section_number":"5.1-2.6","catch_line":"Disposal of airport, air navigation facility or other property","url":"\/5.1-2.6\/","token":"5.1\/1\/1\/5.1-2.6","metadata":false},{"id":366612,"structure_id":52223,"section_number":"5.1-2.7","catch_line":"Revenue bonds generally","url":"\/5.1-2.7\/","token":"5.1\/1\/1\/5.1-2.7","metadata":false},{"id":366613,"structure_id":52223,"section_number":"5.1-2.8","catch_line":"Trust agreement securing bonds","url":"\/5.1-2.8\/","token":"5.1\/1\/1\/5.1-2.8","metadata":false},{"id":366614,"structure_id":52223,"section_number":"5.1-2.9","catch_line":"Rents, fees and charges for services or use of facilities; use and disposition of revenues","url":"\/5.1-2.9\/","token":"5.1\/1\/1\/5.1-2.9","metadata":false},{"id":366628,"structure_id":52223,"section_number":"5.1-3","catch_line":"Repealed","url":"\/5.1-3\/","token":"5.1\/1\/1\/5.1-3","metadata":false},{"id":366650,"structure_id":52223,"section_number":"5.1-4","catch_line":"Aircraft for use of Department; construction, etc., of aviation facilities by Department","url":"\/5.1-4\/","token":"5.1\/1\/1\/5.1-4","metadata":false},{"id":366662,"structure_id":52223,"section_number":"5.1-5","catch_line":"Registration of aircraft","url":"\/5.1-5\/","token":"5.1\/1\/1\/5.1-5","metadata":false},{"id":366670,"structure_id":52223,"section_number":"5.1-6","catch_line":"Repealed","url":"\/5.1-6\/","token":"5.1\/1\/1\/5.1-6","metadata":false},{"id":366674,"structure_id":52223,"section_number":"5.1-7","catch_line":"Licensing of airports and landing areas","url":"\/5.1-7\/","token":"5.1\/1\/1\/5.1-7","metadata":false},{"id":366671,"structure_id":52223,"section_number":"5.1-7.1","catch_line":"Repealed","url":"\/5.1-7.1\/","token":"5.1\/1\/1\/5.1-7.1","metadata":false},{"id":366672,"structure_id":52223,"section_number":"5.1-7.2","catch_line":"Registration of private landing areas not within five miles of commercial airport","url":"\/5.1-7.2\/","token":"5.1\/1\/1\/5.1-7.2","metadata":false},{"id":366673,"structure_id":52223,"section_number":"5.1-7.3","catch_line":"Duty of care and liability for damages of owners of private landing areas","url":"\/5.1-7.3\/","token":"5.1\/1\/1\/5.1-7.3","metadata":false},{"id":366676,"structure_id":52223,"section_number":"5.1-8","catch_line":"Repealed","url":"\/5.1-8\/","token":"5.1\/1\/1\/5.1-8","metadata":false},{"id":366698,"structure_id":52223,"section_number":"5.1-9","catch_line":"Disposition of fees","url":"\/5.1-9\/","token":"5.1\/1\/1\/5.1-9","metadata":false},{"id":366689,"structure_id":52223,"section_number":"5.1-9.1","catch_line":"Certain privately owned airports declared to be works of public improvement; exemption from local taxation authorized","url":"\/5.1-9.1\/","token":"5.1\/1\/1\/5.1-9.1","metadata":false},{"id":366690,"structure_id":52223,"section_number":"5.1-9.2","catch_line":"Contract carriers; permit and registration required","url":"\/5.1-9.2\/","token":"5.1\/1\/1\/5.1-9.2","metadata":false},{"id":366691,"structure_id":52223,"section_number":"5.1-9.3","catch_line":"Same; application for permit; fee; action of Department","url":"\/5.1-9.3\/","token":"5.1\/1\/1\/5.1-9.3","metadata":false},{"id":366692,"structure_id":52223,"section_number":"5.1-9.4","catch_line":"Repealed","url":"\/5.1-9.4\/","token":"5.1\/1\/1\/5.1-9.4","metadata":false},{"id":366693,"structure_id":52223,"section_number":"5.1-9.5","catch_line":"Contract carriers; bonds, insurance or certificate of insurance required prior to issuance of registration or permit; securities deposited in lieu thereof","url":"\/5.1-9.5\/","token":"5.1\/1\/1\/5.1-9.5","metadata":false},{"id":366694,"structure_id":52223,"section_number":"5.1-9.6","catch_line":"Same; duration and custody of bonds, etc","url":"\/5.1-9.6\/","token":"5.1\/1\/1\/5.1-9.6","metadata":false},{"id":366695,"structure_id":52223,"section_number":"5.1-9.7","catch_line":"Same; condition of bond, etc","url":"\/5.1-9.7\/","token":"5.1\/1\/1\/5.1-9.7","metadata":false},{"id":366696,"structure_id":52223,"section_number":"5.1-9.8","catch_line":"Same; effect of failure to give or maintain adequate security","url":"\/5.1-9.8\/","token":"5.1\/1\/1\/5.1-9.8","metadata":false},{"id":366697,"structure_id":52223,"section_number":"5.1-9.9","catch_line":"Same; duration of permits; suspension or revocation; penalty","url":"\/5.1-9.9\/","token":"5.1\/1\/1\/5.1-9.9","metadata":false}],"previous_section":{"id":366602,"structure_id":52223,"section_number":"5.1-2.24","catch_line":"Applicability of certain sections","url":"\/5.1-2.24\/","token":"5.1\/1\/1\/5.1-2.24","metadata":false},"next_section":{"id":366604,"structure_id":52223,"section_number":"5.1-2.2:1","catch_line":"Further powers and duties of the Board","url":"\/5.1-2.2_1\/","token":"5.1\/1\/1\/5.1-2.2_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/5.1-2.25\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapter 810<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1460423,"object_type":"law","relational_id":366603,"identifier":"5.1-2.25","token":"5.1\/1\/1\/5.1-2.25","url":"\/5.1-2.25\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/5.1-2.25\/","token":"5.1\/1\/1\/5.1-2.25","dublin_core":{"Title":"Abandoned or derelict aircraft; disposal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 5.1-2.25","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Abandoned aircraft<\/span>” means an aircraft that has been disposed of on the premises of a public-use airport<\/span> in a wrecked, inoperative, or partially dismantled condition or an aircraft that has without prior authorization remained in an idle state on premises owned or controlled by the operator of an airport<\/span> for 90 consecutive calendar days.

\t\t\t“Derelict aircraft<\/span>” means any aircraft that is not in a flyable condition for a period of 90 consecutive calendar days or does not have a current valid certificate of airworthiness issued by the Federal Aviation Administration and is not in the process of being built, modified, inspected, repaired, or refurbished. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Whenever any abandoned or derelict aircraft<\/span> is found or located on premises owned or controlled by the operator of an airport<\/span>, the operator of the airport<\/span> or his designee shall make a record of the date the aircraft was found or determined to be present on the airport<\/span> premises. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The airport<\/span> operator or his designee shall contact the Federal Aviation Administration, Aircraft Registration Branch, to determine the name and address of the last registered owner of the aircraft and shall make a diligent search of available records, or contact an aircraft title search company, to determine the name and address of any person<\/span> having an equitable<\/span> or legal interest in the aircraft. Within 30 calendar days after receipt of such information, the airport<\/span> operator or his designee shall notify the owner and all persons<\/span> having an equitable<\/span> or legal interest in the aircraft by certified mail, return receipt requested, of the location of the abandoned or derelict aircraft<\/span> on the airport<\/span> premises; any fees and charges for the use of the airport<\/span> by the aircraft that have accrued and the amount thereof; if the aircraft is subject to a lien<\/span> under subsection F for the accrued fees and charges for the use of the airport<\/span> and for the transportation, storage, and removal of the aircraft; that the lien<\/span> is subject to enforcement pursuant to law<\/span>; and that the airport<\/span> may cause the use, trade, sale, or removal of the aircraft if, within 90 calendar days after the date of receipt of such notice, the aircraft has not been removed from the airport<\/span> upon payment in full of all accrued fees and charges for the use of the airport<\/span> and for the transportation, storage, and removal of the aircraft. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the owner of the aircraft is unknown or cannot be found, the airport<\/span> operator or his designee shall cause a laminated notice, in a form prescribed by the Board<\/span>, to be placed conspicuously upon a window of such aircraft stating that the aircraft is unlawfully upon the airport<\/span>’s property, has accrued fees and charges for the use of such property, and those fees must be paid in full and the property removed within 90 calendar days of the date of the notice or the property will be removed or disposed of. The notice shall also provide that the aircraft is subject to a lien<\/span> for all accrued fees and charges for the use of the airport<\/span> and for the transportation, storage, and removal of the aircraft, as well as the publication of such notice. The notice shall include the date of posting. Such notice shall be not less than eight inches by 10 inches and shall be sufficiently weatherproof to withstand normal exposure to the weather. If, at the end of 90 calendar days after posting the notice, the owner or any person<\/span> having an equitable<\/span> or legal interest in the described abandoned or derelict aircraft<\/span> has not removed the aircraft from the airport<\/span> upon payment in full or entry into a written payment plan for all accrued fees and charges for the use of the airport<\/span> and for the transportation, storage, and removal of the aircraft, or shown reasonable cause for failure to do so, the airport<\/span> operator or his designee may dispose of the aircraft as provided in subsection E. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Such abandoned or derelict aircraft<\/span> shall be removed within the time period specified in the notice provided under subsection C or D. If, at the end of such time period, the owner or any person<\/span> having an equitable<\/span> or legal interest in the described abandoned or derelict aircraft<\/span> has not removed the aircraft from the airport<\/span> upon payment in full or entry into a written payment plan for all accrued fees and charges for the use of the airport<\/span> and for the transportation, storage, and removal of the aircraft, or shown reasonable cause for the failure to do so, the airport<\/span> operator or his designee may (i) retain such aircraft or any part thereof for use by the airport<\/span>; (ii) trade such aircraft to another airport<\/span> operator, the Commonwealth, or a subdivision thereof; (iii) sell such aircraft at public auction; or (iv) dispose of such aircraft through an appropriate refuse removal company or a company that provides salvage services for aircraft. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the airport<\/span> elects to sell the aircraft, the aircraft must be sold at public auction after (i) giving notice of the time and place of sale twice, once no less than 30 calendar days and once no less than 10 calendar days prior to the date of sale, in a publication of general circulation within the county or city where the airport<\/span> is located; (ii) posting notice of the time and place of sale in the airport<\/span> no less than 30 calendar days prior to the date of sale; and (iii) after providing written notice of the intended sale to all parties known to have an equitable<\/span> or legal interest in the aircraft. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the airport<\/span> elects to dispose of the aircraft as provided in clause (iv), the airport<\/span> shall be entitled to negotiate with the company for a price to be received from such company in payment for the aircraft, or, if circumstances so warrant, a price to be paid to such company by the airport<\/span> for the costs of disposing of the aircraft. All information pertaining to the establishment of such price and the justification for the amount of such price shall be prepared and maintained by the airport<\/span>, and such negotiated price shall be deemed to be a commercially reasonable price. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the sale price or the negotiated price is less than the airport<\/span>’s then current charges and costs against the aircraft or if the airport<\/span> is required to pay the salvage company for its services, the owner of the aircraft shall remain liable to the airport<\/span> for the airport<\/span>’s costs that are not offset by the sale price or negotiated price, in addition to the owner’s liability for payment to the airport<\/span> of the price the airport<\/span> was required to pay any salvage company. All costs incurred by the airport<\/span> in the removal, storage, and sale of any aircraft shall be recoverable against the owner of the aircraft, including attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If the sale price or the negotiated price is greater than the airport<\/span>’s then current charges and costs against the aircraft, the surplus of the proceeds of the sale or negotiated price shall be distributed to the owner of the aircraft and all parties known to have an equitable<\/span> or legal interest in the aircraft by priority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The airport<\/span> shall have a lien<\/span> on an abandoned or derelict aircraft<\/span> for all fees and charges for the use of the airport<\/span> by such aircraft and for all fees and charges incurred by the airport<\/span> for the transportation, storage, and removal of such aircraft. As a prerequisite to perfecting a lien<\/span> under this section, the airport<\/span> operator or his designee shall serve a notice on the last registered owner and all persons<\/span> having an equitable<\/span> or legal interest in the aircraft. Serving the notice does not dispense with recording the claim of lien<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> For the purpose of perfecting its lien<\/span> under this section, the airport<\/span> shall record a claim of lien<\/span> that shall state: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The name and address of the airport<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The name of the last registered owner of the aircraft and all persons<\/span> having an equitable<\/span> or legal interest in the aircraft; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The dates upon which the lien<\/span> is claimed by the airport<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The fees and charges incurred by the aircraft for the use of the airport<\/span> and the fees and charges for the transportation, storage, and removal of the aircraft, including attorney fees and post-judgment<\/span> interest at six percent annually; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A description of the aircraft sufficient for identification.\n\t\t\t\tThe claim of lien<\/span> shall be signed and sworn to or affirmed<\/span> by the airport<\/span> operator or his designee and served on the last registered owner of the aircraft and all persons<\/span> having an equitable<\/span> or legal interest in the aircraft. The claim of lien<\/span> shall be so served before recordation.

\t\t\t\tThe claim of lien<\/span> shall be recorded with the clerk of court<\/span> in the county or city where the airport<\/span> is located. The recording of the claim of lien<\/span> shall be constructive notice to all persons<\/span> of the contents and effect of such claim. The lien<\/span> shall attach at the time of recordation and shall take priority as of that time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A purchaser or recipient in good faith of an aircraft sold or obtained under this section takes the property free of the rights of persons<\/span> then holding any equitable<\/span> or legal interest in the aircraft, whether or not recorded. The purchaser or recipient is required to notify the appropriate Federal Aviation Administration office of such change in the registered owner of the aircraft. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> If the aircraft is sold at public sale, the airport<\/span> shall deduct from the proceeds of sale the costs of transportation, storage, publication of notice, and all other costs reasonably incurred by the airport<\/span>, including attorney fees, and any balance of the proceeds shall be deposited into an interest-bearing account not later than 30 calendar days after the airport<\/span>’s receipt of the proceeds and held there for one year. The rightful owner of the aircraft may claim the balance of the proceeds within one year after the date of the deposit by making application to the airport<\/span> and presenting acceptable written evidence<\/span> of ownership to the airport<\/span> operator or his designee. If no rightful owner claims the proceeds within the one-year period, the balance of the proceeds shall be retained by the airport<\/span> to be used in any manner authorized by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Any person<\/span> acquiring a legal interest in an aircraft that is sold by an airport<\/span> under this section shall be the lawful owner of such aircraft and all other equitable<\/span> or legal interests in such aircraft shall be divested and of no further force and effect, provided that the holder of any such equitable<\/span> or legal interests was notified of the intended disposal of the aircraft to the extent required in this section. The airport<\/span> may issue<\/span> documents of disposition<\/span> to the purchaser or recipient of an aircraft disposed of under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The provisions of this section shall not apply to aircraft owned or operated by (i) active-duty military personnel or (ii) any person<\/span> or business engaged in the commercial industry of building, modifying, inspecting, repairing, or refurbishing aircraft. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nABANDONED OR DERELICT AIRCRAFT; DISPOSAL (\u00a7 5.1-2.25)\n\nA. For the purposes of this section:\n\t\t\t“Abandoned aircraft” means an aircraft that has been disposed of\non the premises of a public-use airport in a wrecked, inoperative, or partially\ndismantled condition or an aircraft that has without prior authorization\nremained in an idle state on premises owned or controlled by the operator of an\nairport for 90 consecutive calendar days.\t\t\t“Derelict aircraft”\nmeans any aircraft that is not in a flyable condition for a period of 90\nconsecutive calendar days or does not have a current valid certificate of\nairworthiness issued by the Federal Aviation Administration and is not in the\nprocess of being built, modified, inspected, repaired, or refurbished.\n\nB. Whenever any abandoned or derelict aircraft is found or located on premises\nowned or controlled by the operator of an airport, the operator of the airport\nor his designee shall make a record of the date the aircraft was found or\ndetermined to be present on the airport premises.\n\nC. The airport operator or his designee shall contact the Federal Aviation\nAdministration, Aircraft Registration Branch, to determine the name and address\nof the last registered owner of the aircraft and shall make a diligent search of\navailable records, or contact an aircraft title search company, to determine the\nname and address of any person having an equitable or legal interest in the\naircraft. Within 30 calendar days after receipt of such information, the airport\noperator or his designee shall notify the owner and all persons having an\nequitable or legal interest in the aircraft by certified mail, return receipt\nrequested, of the location of the abandoned or derelict aircraft on the airport\npremises; any fees and charges for the use of the airport by the aircraft that\nhave accrued and the amount thereof; if the aircraft is subject to a lien under\nsubsection F for the accrued fees and charges for the use of the airport and for\nthe transportation, storage, and removal of the aircraft; that the lien is\nsubject to enforcement pursuant to law; and that the airport may cause the use,\ntrade, sale, or removal of the aircraft if, within 90 calendar days after the\ndate of receipt of such notice, the aircraft has not been removed from the\nairport upon payment in full of all accrued fees and charges for the use of the\nairport and for the transportation, storage, and removal of the aircraft.\n\nD. If the owner of the aircraft is unknown or cannot be found, the airport\noperator or his designee shall cause a laminated notice, in a form prescribed by\nthe Board, to be placed conspicuously upon a window of such aircraft stating\nthat the aircraft is unlawfully upon the airport’s property, has accrued\nfees and charges for the use of such property, and those fees must be paid in\nfull and the property removed within 90 calendar days of the date of the notice\nor the property will be removed or disposed of. The notice shall also provide\nthat the aircraft is subject to a lien for all accrued fees and charges for the\nuse of the airport and for the transportation, storage, and removal of the\naircraft, as well as the publication of such notice. The notice shall include\nthe date of posting. Such notice shall be not less than eight inches by 10\ninches and shall be sufficiently weatherproof to withstand normal exposure to\nthe weather. If, at the end of 90 calendar days after posting the notice, the\nowner or any person having an equitable or legal interest in the described\nabandoned or derelict aircraft has not removed the aircraft from the airport\nupon payment in full or entry into a written payment plan for all accrued fees\nand charges for the use of the airport and for the transportation, storage, and\nremoval of the aircraft, or shown reasonable cause for failure to do so, the\nairport operator or his designee may dispose of the aircraft as provided in\nsubsection E.\n\nE. Such abandoned or derelict aircraft shall be removed within the time period\nspecified in the notice provided under subsection C or D. If, at the end of such\ntime period, the owner or any person having an equitable or legal interest in\nthe described abandoned or derelict aircraft has not removed the aircraft from\nthe airport upon payment in full or entry into a written payment plan for all\naccrued fees and charges for the use of the airport and for the transportation,\nstorage, and removal of the aircraft, or shown reasonable cause for the failure\nto do so, the airport operator or his designee may (i) retain such aircraft or\nany part thereof for use by the airport; (ii) trade such aircraft to another\nairport operator, the Commonwealth, or a subdivision thereof; (iii) sell such\naircraft at public auction; or (iv) dispose of such aircraft through an\nappropriate refuse removal company or a company that provides salvage services\nfor aircraft.\n\n 1. If the airport elects to sell the aircraft, the aircraft must be sold at\n public auction after (i) giving notice of the time and place of sale twice,\n once no less than 30 calendar days and once no less than 10 calendar days\n prior to the date of sale, in a publication of general circulation within the\n county or city where the airport is located; (ii) posting notice of the time\n and place of sale in the airport no less than 30 calendar days prior to the\n date of sale; and (iii) after providing written notice of the intended sale to\n all parties known to have an equitable or legal interest in the aircraft.\n\n 2. If the airport elects to dispose of the aircraft as provided in clause\n (iv), the airport shall be entitled to negotiate with the company for a price\n to be received from such company in payment for the aircraft, or, if\n circumstances so warrant, a price to be paid to such company by the airport\n for the costs of disposing of the aircraft. All information pertaining to the\n establishment of such price and the justification for the amount of such price\n shall be prepared and maintained by the airport, and such negotiated price\n shall be deemed to be a commercially reasonable price.\n\n 3. If the sale price or the negotiated price is less than the airport’s\n then current charges and costs against the aircraft or if the airport is\n required to pay the salvage company for its services, the owner of the\n aircraft shall remain liable to the airport for the airport’s costs that\n are not offset by the sale price or negotiated price, in addition to the\n owner’s liability for payment to the airport of the price the airport\n was required to pay any salvage company. All costs incurred by the airport in\n the removal, storage, and sale of any aircraft shall be recoverable against\n the owner of the aircraft, including attorney fees.\n\n 4. If the sale price or the negotiated price is greater than the\n airport’s then current charges and costs against the aircraft, the\n surplus of the proceeds of the sale or negotiated price shall be distributed\n to the owner of the aircraft and all parties known to have an equitable or\n legal interest in the aircraft by priority.\n\nF. The airport shall have a lien on an abandoned or derelict aircraft for all\nfees and charges for the use of the airport by such aircraft and for all fees\nand charges incurred by the airport for the transportation, storage, and removal\nof such aircraft. As a prerequisite to perfecting a lien under this section, the\nairport operator or his designee shall serve a notice on the last registered\nowner and all persons having an equitable or legal interest in the aircraft.\nServing the notice does not dispense with recording the claim of lien.\n\nG. For the purpose of perfecting its lien under this section, the airport shall\nrecord a claim of lien that shall state:\n\n 1. The name and address of the airport;\n\n 2. The name of the last registered owner of the aircraft and all persons\n having an equitable or legal interest in the aircraft;\n\n 3. The dates upon which the lien is claimed by the airport;\n\n 4. The fees and charges incurred by the aircraft for the use of the airport\n and the fees and charges for the transportation, storage, and removal of the\n aircraft, including attorney fees and post-judgment interest at six percent\n annually; and\n\n 5. A description of the aircraft sufficient for identification.\n \t\t\t\tThe claim of lien shall be signed and sworn to or affirmed by the airport\n operator or his designee and served on the last registered owner of the\n aircraft and all persons having an equitable or legal interest in the\n aircraft. The claim of lien shall be so served before recordation.\t\t\t\tThe\n claim of lien shall be recorded with the clerk of court in the county or city\n where the airport is located. The recording of the claim of lien shall be\n constructive notice to all persons of the contents and effect of such claim.\n The lien shall attach at the time of recordation and shall take priority as of\n that time.\n\nH. A purchaser or recipient in good faith of an aircraft sold or obtained under\nthis section takes the property free of the rights of persons then holding any\nequitable or legal interest in the aircraft, whether or not recorded. The\npurchaser or recipient is required to notify the appropriate Federal Aviation\nAdministration office of such change in the registered owner of the aircraft.\n\nI. If the aircraft is sold at public sale, the airport shall deduct from the\nproceeds of sale the costs of transportation, storage, publication of notice,\nand all other costs reasonably incurred by the airport, including attorney fees,\nand any balance of the proceeds shall be deposited into an interest-bearing\naccount not later than 30 calendar days after the airport’s receipt of the\nproceeds and held there for one year. The rightful owner of the aircraft may\nclaim the balance of the proceeds within one year after the date of the deposit\nby making application to the airport and presenting acceptable written evidence\nof ownership to the airport operator or his designee. If no rightful owner\nclaims the proceeds within the one-year period, the balance of the proceeds\nshall be retained by the airport to be used in any manner authorized by law.\n\nJ. Any person acquiring a legal interest in an aircraft that is sold by an\nairport under this section shall be the lawful owner of such aircraft and all\nother equitable or legal interests in such aircraft shall be divested and of no\nfurther force and effect, provided that the holder of any such equitable or\nlegal interests was notified of the intended disposal of the aircraft to the\nextent required in this section. The airport may issue documents of disposition\nto the purchaser or recipient of an aircraft disposed of under this section.\n\nK. The provisions of this section shall not apply to aircraft owned or operated\nby (i) active-duty military personnel or (ii) any person or business engaged in\nthe commercial industry of building, modifying, inspecting, repairing, or\nrefurbishing aircraft.\n\nHISTORY: 2024, c. 810.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}