2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 205.5 - Abandoned aircraft on airport property -- Seizure and disposal.

Effective 7/1/2020
72-10-205.5.
Abandoned aircraft on airport property -- Seizure and disposal.
(1)
(a) As used in this section, "abandoned aircraft" means an aircraft that:
(i) remains in an idle state on airport property for 45 consecutive calendar days;
(ii) is in a wrecked, inoperative, derelict, or partially dismantled condition; and
(iii) is not in the process of actively being repaired.
(b) "Abandoned aircraft" does not include an aircraft:
(i) that has current FAA registration;
(ii) that has current state registration; or
(iii) for which evidence is shown indicating repairs are in process, including:
(A) receipts for parts and labor; or
(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:
(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
(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:
(i) the owner or the address of the owner of the aircraft is unknown; or
(ii) the mailed notice is returned to the airport operator without a forwarding address.
(4) The notice described in Subsection (3) shall include:
(a) the name, if known, and the last known address, if any, of the last registered owner of the aircraft;
(b) a description of the aircraft, including the identification number, the location of the aircraft, and the date the aircraft is determined abandoned;
(c) a statement describing the specific grounds for the determination that the aircraft is abandoned;
(d) the amount of any accrued or unpaid airport charges; and
(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:
(i) 30 days after the day on which the notice is sent in accordance with Subsection (3)(a); or
(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):
(a) the abandoned aircraft becomes the property of the airport operator; and
(b) the airport operator may dispose of the abandoned aircraft:
(i) in the manner provided in Title 63A, Chapter 2, Part 4, Surplus Property Service; or
(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.
Amended by Chapter 4, 2020 Special Session 5