Abandoned Aircraft

V.S.A. tit. 5, ch. 9, subch. 2

in effect

5 V.S.A. § 221 Definitions

221. Definitions As used in this subchapter: (1) “Airport manager” means the owner of an airport in this State or an agent authorized to act on behalf of an airport owner. (2) “Storage operator” means a person who stores an aircraft or aircraft component at the request of an airport manager. Added 2017, No. 158 (Adj. Sess.), § 10.

5 V.S.A. § 222 Abandoned aircraft; authority to take custody, remove, and store; notice of intent; limitation on liability

222. Abandoned aircraft; authority to take custody, remove, and store; notice of intent; limitation on liability (a) Subject to subsection (b) of this section, an airport manager who discovers an aircraft or aircraft component apparently abandoned, or an aircraft without a currently effective federal registration certificate, on the property of the airport has authority to: (1) take custody of the aircraft or component; (2) arrange for the aircraft or component to be secured and stored at its current location or to be removed and stored elsewhere. (b)(1) As used in this subsection, a “notice of intent” shall include: (A) a statement of the airport manager’s intent to exercise authority under subsection (a) of this section and of the owner’s responsibility for reasonable charges under this subchapter; (B) the make and the factory or identification number of the aircraft or aircraft component; (C) the current location of the aircraft or aircraft component and the planned location for its storage; and (D) the aircraft registration number, if any. (2) At least 60 days prior to exercising the authority granted in subsection (a) of this section, the airport manager shall: (A) Attempt to provide a notice of intent to the owner and to the lienholder, if any, of the aircraft or aircraft component. If the address of the last place of residence of the owner or lienholder of the aircraft or aircraft component is ascertainable through the exercise of reasonable diligence, including inquiry of the Federal Aviation Administration’s aircraft registry, the airport manager shall send the notice of intent by certified mail to the address or addresses; otherwise, the airport manager shall be deemed to have fulfilled the requirement of this subdivision (b)(2)(A) if the manager posts the notice of intent on the aircraft or aircraft component. (B) Send a written notice of intent to the Secretary. (c) The Secretary shall place on file notices of intent received under subdivision (b)(2)(B) of this section and, upon request, make the notices available for public inspection and copying. (d) Except in the case of intentionally inflicted damages, an airport manager who takes custody of an aircraft or aircraft component or an airport manager or storage operator who arranges for the removal or storage of an aircraft or aircraft component under this subchapter shall not be liable to the owner or lienholder for any damages to the aircraft or aircraft component incurred while it was in the manager’s custody or during its removal or storage. Added 2017, No. 158 (Adj. Sess.), § 10.

5 V.S.A. § 223 Lien; right to contest costs

223. Lien; right to contest costs (a) If the notice requirements of subsection 222(b) of this title are fulfilled, all reasonable storage, removal, and other costs necessarily incurred thereafter by an airport manager or a storage operator in carrying out the provisions of this subchapter shall be a lien on the aircraft or aircraft component held by the person who incurred the costs. (b) In exercising rights under section 224 or 226 of this title, the owner or lienholder may contest the reasonableness and necessity of the costs by bringing an action before the Transportation Board. Added 2017, No. 158 (Adj. Sess.), § 10.

5 V.S.A. § 224 Right of owner to reclaim

224. Right of owner to reclaim The owner or lienholder of an aircraft or aircraft component stored under this subchapter may reclaim the aircraft or aircraft component prior to any sale by paying the outstanding costs described in section 223 of this title. Added 2017, No. 158 (Adj. Sess.), § 10.

5 V.S.A. § 225 Sale authorized; notice of proposed sale

225. Sale authorized; notice of proposed sale (a) If the owner or lienholder has not reclaimed the aircraft or aircraft component after the aircraft manager fulfills the notice requirements of subsection 222(b) of this title, and if the airport manager fulfills the notice requirements of subsection (b) of this section, the airport manager may sell the aircraft or aircraft component in a commercially reasonable manner as described in 9A V.S.A. § 9-610 (disposition of collateral after default). (b)(1) The notice of proposed sale required in this subsection shall include: (A) the make and the factory or identification number of the aircraft or aircraft component; (B) the aircraft registration number, if any; (C) contact information for the person from whom the owner or lienholder may reclaim the aircraft or aircraft component pursuant to section 224 of this title; and (D) the date and location of the proposed sale. (2) At least 14 days before a sale under this section, the airport manager shall: (A) if the value of the aircraft or aircraft component exceeds $1,000.00, publish the notice of proposed sale in a media outlet of general circulation in the municipality; and (B) if the address of the last place of residence of the owner or the lienholder, if any, of the aircraft or aircraft component is ascertainable through the exercise of reasonable diligence, including inquiry of the Federal Aviation Administration’s aircraft registry, send the notice of proposed sale by certified mail to the address or addresses; otherwise, the airport manager shall be deemed to have fulfilled the requirement of this subdivision (b)(2)(B) if the manager posts the notice on the aircraft or aircraft component. Added 2017, No. 158 (Adj. Sess.), § 10.

5 V.S.A. § 226 Application of proceeds

226. Application of proceeds The airport manager shall pay the balance of the proceeds of the sale, if any, after payment of liens and the reasonable expenses incident to the sale, to the owner or lienholder of the aircraft or aircraft component, if claimed at any time within one year from the date of the sale. If the owner or lienholder does not claim the balance within one year, the airport manager shall retain the proceeds. Added 2017, No. 158 (Adj. Sess.), § 10.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/05/009Fetched: 10/21/2026