HB 1905 Enacts provisions relating to abandoned aircraft

Current Bill Summary

- Prepared by Senate Research -


HB 1905 - This act specifies that if a derelict or abandoned aircraft is discovered on an airport's property, the airport superintendent shall make a record of the date it was discovered, and inquire with the FAA or an aircraft title search company as to the owner and any lienholders.

The superintendent shall, within 10 days of receiving this information, notify the owner and any interested parties by certified mail of the aircraft's location, what fees and charges have accrued, that the aircraft is subject to an enforceable lien, that the airport may dispose of the aircraft if the owner or interested party does not move the aircraft and pay any accrued costs within 30 days, and that the airport may remove the aircraft in less than 30 days if it poses a danger to health or safety. If the owner of the aircraft can not be determined, the superintendent may post the required notice on the aircraft as specified in the act. (Section 305.802)

If the owner or other interested party does not remove the aircraft within 30 days and pay all accrued costs, or shown reasonable cause for a failure to do so, the superintendent may retain, trade, sell at auction, or dispose of the aircraft as specified in the act. If the proceeds from sale of the aircraft is less than the fees and charges against it, the owner of the aircraft shall remain liable for the balance due. All expenses for the removal, storage, and sale of the aircraft shall be recoverable against the owner of the aircraft. (Section 305.804)

The act specifies a process for airport superintendents to file liens on derelict or abandoned aircraft (section 305.806), and for release of the liens upon sale of the aircraft (section 305.808 and 301.810).

ERIC VANDER WEERD


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