Section 4561.27
(A) If a derelict aircraft remains on the property of the public-use airport longer than the thirty-day period specified in division (E) of section 4561.26 of the Revised Code, the director may do one of the following:
(1) Sell the derelict aircraft at public auction;
(2) Dispose of the derelict aircraft through an aircraft salvage or scrap metal dealer.
(B)(1) If the director elects to sell the derelict aircraft at public auction, the director shall give notice of the date, time, and place of the sale not less than ten calendar days prior to the date of the sale in a written publication of general circulation in the county where the airport is located. The director may provide written notice of the intended sale to any person known to have an interest in purchasing the derelict aircraft.
(2) If the director elects to dispose of the derelict aircraft through an aircraft salvage or scrap metal dealer, the director may negotiate with the dealer for the price to be received or paid by the director, as the circumstances warrant. All information pertaining to the establishment of the price and justification for the price shall be prepared and maintained by the director, and the negotiated price shall be considered a commercially reasonable price.
(C)(1) If the sale price or the negotiated price under division (B)(1) or (2) of this section is less than the accrued fees and charges against the derelict aircraft or the director is required to pay the aircraft salvage or scrap metal dealer for its services, the prior owner of the derelict aircraft is liable to the airport for both of the following:
(a) Any remaining fees and charges;
(b) Any costs paid to an aircraft salvage or scrap metal dealer.
All fees, charges, and costs are recoverable against the prior owner of the derelict aircraft by any remedies otherwise provided by law.
(2) If the sale price or the negotiated price under division (B)(1) or (2) of this section is more than the accrued fees and charges against the aircraft, the director shall pay the excess proceeds to the following individuals, as applicable:
(a) Any other known lienholders, according to the priority of the liens;
(b) The owner of the aircraft, if the owner can be determined and located;
(c) The director of commerce, to be deposited as unclaimed funds into the unclaimed funds trust fund created under section 169.05 of the Revised Code, if the owner cannot be determined or located.
(D) A purchaser or recipient in good faith of a derelict aircraft sold or obtained under this section takes the derelict aircraft free and clear of the rights or liens of any other person holding any legal or equitable interest to the derelict aircraft, regardless of whether that interest is recorded. The purchaser or recipient shall notify the appropriate federal aviation administration office and the office of aviation of the change in the registered owner of the derelict aircraft.
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 ]