Indiana § 32-33-10-10 - Construction of law

§ 32-33-10-10. Construction of law

Sec. 10. This chapter may not be construed to repeal, modify, or amend IC 9-22-6-1 or IC 9-22-6-2.

[Pre-2002 Recodification Citation: 32-8-31-7.]

As added by P.L.2-2002, SEC.18. Amended by P.L.125-2012, SEC.409.

IC 32-33-10.5Chapter 10.5. Abandoned or Derelict Aircraft

32-33-10.5-1"Abandoned aircraft" 32-33-10.5-2"Aircraft" 32-33-10.5-3"Derelict aircraft" 32-33-10.5-4"Fixed-base operator" 32-33-10.5-5"Person" 32-33-10.5-6Procedure for disposal and removal of abandoned or derelict aircraft from premises of public-use airport or fixed-base operator; notice 32-33-10.5-7Complaint for declaratory judgment 32-33-10.5-8Recovery of judgment; payment of proceeds; attorney's fees

IC 32-33-10.5-1"Abandoned aircraft" Sec. 1. As used in this chapter, "abandoned aircraft" means an aircraft:

(1) that is located or stored on the premises of:

(A) a public-use airport; or

(B) a fixed-base operator;

in a wrecked, inoperative, or partially dismantled condition for a period of at least sixty (60) days; and

(2) for which the owner or operator of the aircraft has not made, during the sixty (60) day period described in subdivision (1), any tie-down, hangaring, or rent payments for the use of the premises.

The term does not include an aircraft that is being repaired by a person providing services under IC 32-33-10-5.

As added by P.L.172-2019, SEC.2.

IC 32-33-10.5-2"Aircraft" Sec. 2. As used in this chapter, "aircraft" means any contrivance used or designed for navigation of or flight in the air. The term does not include unmanned aircraft or ultralight aircraft.

As added by P.L.172-2019, SEC.2.

IC 32-33-10.5-3"Derelict aircraft" Sec. 3. As used in this chapter, "derelict aircraft" means any aircraft:

(1) that is located or stored on the premises of:

(A) a public-use airport; or

(B) a fixed-base operator;

for a period of at least one hundred fifty (150) days; and

(2) that, throughout the period described in subdivision (1):

(A) is not in a flyable condition;

(B) is not in compliance with applicable Federal Aviation Administration regulations allowing the aircraft to be operated in flight; and

(C) does not have a written repair plan approved and signed by:

(i) a Federal Aviation Administration certified airframe and power plant mechanic; or

(ii) a person authorized to perform maintenance on the aircraft in accordance with Federal Aviation Administration regulations.

As added by P.L.172-2019, SEC.2.

IC 32-33-10.5-4"Fixed-base operator" Sec. 4. As used in this chapter, "fixed-base operator" means a person that provides on the premises of a public-use airport aeronautical services, including any of the following:

(1) Aircraft fueling.

(2) Hangaring.

(3) Tie-down and parking.

(4) Aircraft rental.

(5) Aircraft maintenance.

(6) Flight instruction.

(7) Other aeronautical services or accommodations.

As added by P.L.172-2019, SEC.2.

IC 32-33-10.5-5"Person" Sec. 5. As used in this chapter, "person" includes a natural person, a firm, a partnership, an association, a corporation, a limited liability company, and a political subdivision.

As added by P.L.172-2019, SEC.2. Amended by P.L.211-2019, SEC.42.

IC 32-33-10.5-6Procedure for disposal and removal of abandoned or derelict aircraft from premises of public-use airport or fixed-base operator; notice Sec. 6. (a) If:

(1) the airport manager of a public-use airport; or

(2) the general manager of a fixed-base operator;

determines that an abandoned aircraft or a derelict aircraft is located on the premises of the public-use airport or of the fixed-base operator, as applicable, the airport manager (or the airport manager's designee) or the general manager (or the general manager's designee) may dispose of the abandoned aircraft or the derelict aircraft in the manner provided in this chapter.

(b) If a determination described in subsection (a) is made that an abandoned aircraft or a derelict aircraft is located on the premises of a public-use airport or of a fixed-base operator, and the airport manager or the general manager making the determination seeks to dispose of the abandoned aircraft or the derelict aircraft under this chapter, the airport manager (or the airport manager's designee) or the general manager (or the general manager's designee) must do the following:

(1) Determine, by contacting the Aircraft Registration Branch of the Federal Aviation Administration, the name and address of:

(A) the last registered owner of the aircraft; and

(B) any other person that has a legal or equitable interest in the aircraft.

(2) Subject to subsection (c), deliver to the aircraft owner and any other person having a legal or equitable interest in the aircraft a written notice stating that the aircraft:

(A) has been determined to be abandoned or derelict; and

(B) is subject to:

(i) disposal and removal from the premises of the public-use airport or of the fixed-base operator;

(ii) the recovery, by the owner or operator of the public-use airport or by the fixed-base operator, of any accrued and unpaid fees or charges incurred with respect to the aircraft while located on the premises of the public-use airport or of the fixed-base operator; and

(iii) the foreclosure of a lien with respect to any fees and charges described in item (ii).

(c) The following requirements apply to the notice required under subsection (b)(2):

(1) The notice must include the following:

(A) A description of the aircraft by Federal Aviation Administration N-Number, manufacturer name, model designation, and serial number.

(B) The facts supporting the determination that the aircraft is abandoned or derelict and is subject to disposal and removal from the premises of the public-use airport or of the fixed-base operator.

(C) The amount of any accrued and unpaid fees or charges:

(i) incurred with respect to the aircraft while located on the premises of the public-use airport or of the fixed-base operator; and

(ii) for which a lien is being asserted.

(D) A statement that upon receipt of the notice, the aircraft owner has thirty (30) days to:

(i) remove the aircraft from the premises of the public-use airport or of the fixed-base operator; and

(ii) pay any accrued and unpaid fees or charges identified under clause (C).

(E) A statement that the public-use airport's owner or operator, or the fixed-base operator, as applicable, may:

(i) assert a lien for any accrued and unpaid fees or charges identified under clause (C) that are not paid within the thirty (30) day period described in clause (D);

(ii) remove and dispose of the aircraft from the premises of the public-use airport or of the fixed-base operator if the aircraft is not removed from the premises within the thirty (30) day period described in clause (D); and

(iii) sell the aircraft at a public auction or bid on the aircraft if it is made available for disposal by means of a public auction.

(F) A statement that the public-use airport's owner or operator, or the fixed-base operator, as applicable, may scrap the aircraft if no bids are received for the aircraft during a public auction of the aircraft.

(G) The hand signature of an authorized signatory for:

(i) the owner or operator of the public-use airport; or

(ii) the fixed-base operator;

as applicable, located immediately above the title of the signatory.

(2) Not later than thirty (30) days after the determination is made that the aircraft is abandoned or derelict, the notice must:

(A) be delivered to the aircraft owner and any other person having a legal or equitable interest in the aircraft by:

(i) certified mail, return receipt requested, and by first class United States mail, postage prepaid;

(ii) a nationally recognized overnight courier service; or

(iii) personal delivery; and

(B) be filed with the Aircraft Registration Branch of the Federal Aviation Administration.

(3) If the registered owner of an aircraft cannot be found or served, notice by publication may be used in lieu of personal service, courier service, or certified mail.

As added by P.L.172-2019, SEC.2.

IC 32-33-10.5-7Complaint for declaratory judgment Sec. 7. (a) A complaint for a declaratory judgment:

(1) finding that an aircraft is abandoned or derelict; and

(2) authorizing:

(A) the disposal of the aircraft by means of a public auction and removal of the aircraft from the premises of a public-use airport or of a fixed-base operator;

(B) the recovery of any accrued and unpaid fees or charges incurred with respect to the aircraft while located on the premises of the public-use airport or of the fixed-base operator; and

(C) the foreclosure of a lien for the fees and charges described in clause (B);

must be filed in the circuit or superior court of the county where the aircraft is located.

(b) A complaint described in subsection (a) must be filed not later than sixty (60) days after the written notice described in section 6 of this chapter is delivered in accordance with section 6(c)(2) of this chapter.

As added by P.L.172-2019, SEC.2.

IC 32-33-10.5-8Recovery of judgment; payment of proceeds; attorney's fees Sec. 8. (a) This section applies if a complaint is filed under section 7 of this chapter and the plaintiff recovers:

(1) a judgment in any sum; or

(2) a judgment:

(A) declaring that an aircraft is abandoned or derelict; and

(B) authorizing the disposal of the aircraft by means of a public auction and removal of the aircraft from the premises of a public-use airport or of a fixed-base operator.

(b) Any net proceeds resulting from the sale or disposal of an aircraft under this chapter shall be paid to:

(1) the owner of the aircraft and any other person having a legal or equitable interest in the aircraft, in proportion to each person's legal or equitable interest in the aircraft; or

(2) if the owner of the aircraft or any other person having a legal or equitable interest in the aircraft cannot be found, to the attorney general as unclaimed property under IC 32-34-1.5.

(c) In an action brought under section 7 of this chapter, the plaintiff may also recover as part of the judgment in the action reasonable attorney's fees incurred by the plaintiff in bringing and prosecuting the action.

As added by P.L.172-2019, SEC.2. Amended by P.L.141-2021, SEC.18.

IC 32-33-11Chapter 11. Transfer, Moving, and Storage Liens

32-33-11-1Services and property subject to lien 32-33-11-2Notice of intention to hold lien; requisites; filing 32-33-11-3Notice of intention to hold lien; recording; priority 32-33-11-4Enforcement of lien 32-33-11-5Attorney's fees 32-33-11-6Additional goods, merchandise, machines, or other articles of value subject to liens 32-33-11-7Construction of law