Utah Code 72-10-205.5. Abandoned aircraft on airport property — Seizure and disposal
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Terms Used In Utah Code 72-10-205.5
- Aircraft: means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air. See Utah Code 72-10-102
- Airport: means any area of land, water, or both, that:(8)(a) is used or is made available for landing and takeoff;(8)(b) provides facilities for the shelter, supply, and repair of aircraft, and handling of passengers and cargo;(8)(c) meets the minimum requirements established by the department as to size and design, surface, marking, equipment, and operation; and(8)(d) includes all areas shown as part of the airport in the current airport layout plan as approved by the Federal Aviation Administration. See Utah Code 72-10-102
- Airport operator: means a municipality, county, or airport authority that owns or operates a commercial airport. See Utah Code 72-10-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mechanic: means a person who constructs, repairs, adjusts, inspects, or overhauls aircraft, engines, or accessories. See Utah Code 72-10-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) As used in this section, “abandoned aircraft” means an aircraft that:(1)(a)(i) remains in an idle state on airport property for 45 consecutive calendar days;(1)(a)(ii) is in a wrecked, inoperative, derelict, or partially dismantled condition; and(1)(a)(iii) is not in the process of actively being repaired.(1)(b) “Abandoned aircraft” does not include an aircraft:(1)(b)(i)(1)(b)(i)(A) that has current FAA registration; and(1)(b)(i)(B) that has current state registration; or(1)(b)(ii) for which evidence is shown indicating repairs are in process, including:(1)(b)(ii)(A) receipts for parts and labor; or(1)(b)(ii)(B) a statement from a mechanic making the repairs.
(2) An airport operator may take possession and dispose of an abandoned aircraft in accordance with Subsections (3) through (5).
(3) Upon determining that an aircraft located on airport property is abandoned, the airport operator shall:
(3)(a) send, by registered mail, a notice containing the information described in Subsection (4) to the last known address of the last registered owner of the aircraft; and
(3)(b) publish a notice containing the information described in Subsection (4) in a newspaper of general circulation in the county where the airport is located if:
(3)(b)(i) the owner or the address of the owner of the aircraft is unknown; or
(3)(b)(ii) the mailed notice is returned to the airport operator without a forwarding address.
(4) The notice described in Subsection (3) shall include:
(4)(a) the name, if known, and the last known address, if any, of the last registered owner of the aircraft;
(4)(b) a description of the aircraft, including the identification number, the location of the aircraft, and the date the aircraft is determined abandoned;
(4)(c) a statement describing the specific grounds for the determination that the aircraft is abandoned;
(4)(d) the amount of any accrued or unpaid airport charges; and
(4)(e) a statement indicating that the airport operator intends to take possession and dispose of the aircraft if the owner of the aircraft fails to remove the aircraft from airport property, after payment in full of any charges described in Subsection (4)(d), within the later of:
(4)(e)(i) 30 days after the day on which the notice is sent in accordance with Subsection (3)(a); or
(4)(e)(ii) 30 days after the day on which the notice is published in accordance with Subsection (3)(b), if applicable.
(5) If the owner of the abandoned aircraft fails to remove the aircraft from airport property, after payment in full of any charges described in Subsection (4)(d), within the time specified in Subsection (4)(e):
(5)(a) the abandoned aircraft becomes the property of the airport operator; and
(5)(b) the airport operator may dispose of the abandoned aircraft:
(5)(b)(i) in the manner provided in Title 63A, Chapter 2, Part 4, Surplus Property Service; or
(5)(b)(ii) in accordance with any other lawful method or procedure established by rule or ordinance adopted by the airport operator.
(6) If an airport operator complies with the provisions of this section, the airport operator is immune from liability for the seizure and disposal of an abandoned aircraft in accordance with this section.