Sec. 8. (a) This section applies if a complaint is filed under section 7 of this chapter and the plaintiff recovers:

(1) a judgment in any sum; or

Terms Used In Indiana Code 32-33-10.5-8

  • aircraft: means any contrivance used or designed for navigation of or flight in the air. See Indiana Code 32-33-10.5-2
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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

  • 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
  • person: includes a natural person, a firm, a partnership, an association, a corporation, a limited liability company, and a political subdivision. See Indiana Code 32-33-10.5-5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) a judgment:

(A) declaring that an aircraft is abandoned or derelict; and

(B) authorizing 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) Any net proceeds resulting from the sale or disposal of an aircraft under this chapter shall be paid to:

(1) the owner of the aircraft and any other person having a legal or equitable interest in the aircraft, in proportion to each person’s legal or equitable interest in the aircraft; or

(2) if the owner of the aircraft or any other person having a legal or equitable interest in the aircraft cannot be found, to the attorney general as unclaimed property under IC 32-34-1.5.

     (c) In an action brought under section 7 of this chapter, the plaintiff may also recover as part of the judgment in the action reasonable attorney’s fees incurred by the plaintiff in bringing and prosecuting the action.

As added by P.L.172-2019, SEC.2. Amended by P.L.141-2021, SEC.18.

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