(a) If a derelict or abandoned aircraft is discovered on a public-use airport, whether or not the public-use airport is under a lease or license to a third party, the airport authority shall:

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Terms Used In Tennessee Code 66-29-302

  • Abandoned aircraft: means :
    (A) An aircraft left in a wrecked, inoperative, or partially dismantled condition on a public-use airport. See Tennessee Code 66-29-301
  • Airport authority: means an authority created pursuant to title 42, chapter 3, 4, or 5. See Tennessee Code 66-29-301
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Public-use airport: is a n airport owned or controlled by an airport authority. See Tennessee Code 66-29-301
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
(1) Make a record of the date the aircraft was discovered on the public-use airport; and
(2) Inquire as to the name and address of any person having an equitable or legal interest in the aircraft, including the owner and any lien holders, by:

(A) Contacting the federal aviation administration, aircraft registration branch, and making a diligent search of the appropriate records; or
(B) Contacting an aircraft title search company.
(b) Within ten (10) business days of receiving the information requested pursuant to subsection (a), the airport authority shall notify the owner and all other interested parties by certified mail, return receipt requested:

(1) Of the location of the derelict or abandoned aircraft on the public-use airport;
(2) That fees and charges for the use of the airport by the aircraft have accrued and the amount of those fees and charges;
(3) That the aircraft is subject to a lien under § 66-29-304 for any unpaid and accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft;
(4) That the lien is subject to enforcement pursuant to this part;
(5) That the airport may use, trade, sell, or remove the aircraft as described in § 66-29-303 if, within thirty (30) calendar days after the date of receipt of the notice, the owner or other interested party has not removed the aircraft from the airport and paid in full all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft; and
(6) That the airport authority may remove the aircraft in less than thirty (30) calendar days if the aircraft poses a danger to the health or safety of users of the public-use airport, as determined by the airport authority.
(c)

(1) If, after the inquiry required by subdivision (a)(2), the owner of the aircraft is unknown or cannot be found, the airport authority shall place a notice upon the aircraft in a conspicuous position containing the information required by subdivisions (b)(2)-(6).
(2) The notice under subdivision (c)(1) shall be not less than eight inches (8″) by ten inches (10″) and shall be laminated or otherwise sufficiently weatherproof to withstand normal exposure to rain, snow, and other conditions.
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