Sec. 7. (a) A complaint for a declaratory judgment:

(1) finding that an aircraft is abandoned or derelict; and

Terms Used In Indiana Code 32-33-10.5-7

  • aircraft: means any contrivance used or designed for navigation of or flight in the air. See Indiana Code 32-33-10.5-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • fixed-base operator: means a person that provides on the premises of a public-use airport aeronautical services, including any of the following:

    Indiana Code 32-33-10.5-4

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Lien: A claim against real or personal property in satisfaction of a debt.
(2) authorizing:

(A) the disposal of the aircraft by means of a public auction and removal of the aircraft from the premises of a public-use airport or of a fixed-base operator;

(B) the recovery of any accrued and unpaid fees or charges incurred with respect to the aircraft while located on the premises of the public-use airport or of the fixed-base operator; and

(C) the foreclosure of a lien for the fees and charges described in clause (B);

must be filed in the circuit or superior court of the county where the aircraft is located.

     (b) A complaint described in subsection (a) must be filed not later than sixty (60) days after the written notice described in section 6 of this chapter is delivered in accordance with section 6(c)(2) of this chapter.

As added by P.L.172-2019, SEC.2.

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