Section 4561.26
(A) As used in sections 4561.26 and 4561.27 of the Revised Code:
(1) "Derelict aircraft" means an aircraft that meets all of the following conditions:
(a) It is located on the premises of a public-use airport.
(b) It is not in a flyable condition.
(c) It does not comply with the United States federal aviation administration regulations that would allow it to be operated or flown.
(d) It does not have a written repair plan approved and signed by either a federal aviation administration certified airframe and power plant mechanic or a person otherwise authorized to perform maintenance on the aircraft in accordance with the federal aviation administration regulations.
(e) The owner or operator of the aircraft has not paid any tie-down, hangar, rent, or storage costs for use of the premises for at least ninety consecutive days.
(2) "Director" means the director or other chief executive officer of a public-use airport. "Director" includes the director's or chief's designee.
(3) "Public-use airport" has the same meaning as in section 4563.30 of the Revised Code.
(B) The director of a public-use airport may dispose of any derelict aircraft located on the premises of that airport in accordance with the procedures established in this section and in section 4561.27 of the Revised Code.
(C) Before disposing of a derelict aircraft, the director shall search the appropriate records of the airport and contact both of the following entities to determine the name and address of the last registered owner and any person having a legal or equitable interest in the derelict aircraft:
(1) The federal aviation administration's aircraft registration branch;
(2) The office of aviation.
(D)(1) Within twenty business days after receipt of the information obtained under division (C) of this section, the director shall send notice to the owner and any person having a legal or equitable interest in the derelict aircraft that was identified in accordance with division (C) of this section, that includes all of the following information:
(a) A description of the derelict aircraft that includes its federal aviation administration n-number, manufacturer name, model designation, and serial number;
(b) The location of the derelict aircraft on the airport premises;
(c) The amount of any fees and charges for the use of the airport by the derelict aircraft that have accrued;
(d) That the airport may remove, sell, scrap, or otherwise dispose of the derelict aircraft in accordance with section 4561.27 of the Revised Code if, within thirty calendar days after the date of receipt of such notice or notification that delivery was not possible, the owner does not remove the derelict aircraft from the airport and pay all accrued fees and charges.
(2) The notice described in division (D)(1) of this section may be sent by any of the following methods:
(a) Certified or express mail with return receipt requested;
(b) Certified mail with electronic tracking;
(c) A commercial carrier service utilizing any form of delivery requiring a signed receipt;
(d) Personal service.
(3) In addition to the notice sent to the owner and any person having a legal or equitable interest in the derelict aircraft, the director shall do both of the following:
(a) File a copy of the notice with the federal aviation administration's aircraft registration branch;
(b) Post a copy of the notice on the public-use airport's web site.
(E) The director may proceed in accordance with section 4561.27 of the Revised Code if the owner or any other person identified under division (C) of this section as having a legal or equitable interest in the derelict aircraft does not pay the accrued fees and charges in full and remove the derelict aircraft within thirty days of the acknowledged receipt of or notification that the delivery was not possible of a notice sent in accordance with division (D) of this section.
Last updated January 17, 2025 at 1:52 PM
Available Versions of this Section
- April 9, 2025 – Enacted by House Bill 77 - 135th General Assembly [ View April 9, 2025 Version ]