(1) As used in this section, "abandoned aircraft" means an aircraft that: (a) (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; (iii) is not in the process of an insurance claim or inspection by the National Transportation Safety Board; and (iv) is not in the process of actively being repaired; (b) (i) is not subject to a lease or other storage agreement with the airport operator; (ii) has remained on airport property for 180 days without being operated; and (iii) has accrued unpaid airport charges during that period; or (c) (i) is subject to an agreement with the airport operator to lease space on airport property; (ii) for which the owner has been notified of the termination of the lease agreement; and (iii) which has remained on airport property for 120 days after being notified of the termination of the lease agreement. (2) An airport operator may take possession and dispose of an abandoned aircraft in accordance with Subsections (3) through (5). (3) (a) Upon determining that an aircraft located on airport property is abandoned, the airport operator shall notify the aircraft owner as provided in Subsection (3)(b) or (3)(c). (b) (i) If the abandoned aircraft owner and the aircraft owner's address are known, the airport operator shall 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. (ii) If the mailed notice described in Subsection (3)(b)(i) is returned to the airport operator without a forwarding address, the airport operator shall publish a notice as a class A notice under Section 63G-30-102, which shall contain the information described in Subsection (4). (c) If the abandoned aircraft owner or the aircraft owner address is unknown, the airport operator shall publish a notice as a class A notice under Section 63G-30-102, which shall contain the information described in Subsection (4). (4) The notice required 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 aircraft make and model, 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)(b); or (ii) 30 days after the day on which the notice is published in accordance with Subsection (3)(c), 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.
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