A local government may ask a district court to determine who owns an aircraft that has been at a local-government airport for more than 90 days, if notice was given and the FAA was contacted; the court must hold a hearing and may later declare the aircraft abandoned and award title to the local government.
Sec. 22.901. DISPOSAL OF ABANDONED AIRCRAFT. (a) A local government that is unable to determine the ownership of an aircraft that has been located for more than 90 days at an airport owned by the local government may petition a district court for the county in which the aircraft is located to determine the ownership of the aircraft if: (1) the local government has provided notice in the same manner as provided by Section 683.012 for notice of an abandoned motor vehicle; and (2) the local government has contacted the Federal Aviation Administration in an attempt to identify the owner of the aircraft. (b) On filing of a petition under Subsection (a), the court shall hold a hearing to determine the ownership status of the aircraft. The local government shall present the court with all evidence the local government has in its possession about the ownership of the aircraft. If the evidence is sufficient to determine ownership of the aircraft, the court shall notify the owner of the aircraft. (c) If the court is unable to make a determination under Subsection (b), the court shall require the local government to collect additional evidence about ownership or to provide notice in the manner that is most likely to reach the owner of the aircraft. Unless evidence is discovered that allows the court to determine the owner of the aircraft, the court may not take further action on making a determination of ownership until after the 60th day after the date of the hearing under Subsection (b). (d) If the court cannot make a determination on the ownership of the aircraft after requiring the local government to take additional steps under Subsection (c), the court shall declare the aircraft as abandoned property, and the court shall give title to the aircraft to the local government. The local government shall dispose of the aircraft in the same manner the local government disposes of salvage or surplus property. (e) If an owner of an aircraft fails to claim the aircraft within 60 days after the date notice is given under Subsection (b), the local government may petition the district court to declare the aircraft abandoned property under Subsection (d). (f) A determination of ownership made by the court under this section does not affect the right of the local government to recover fees against the owner of the aircraft for storage or maintenance of the aircraft. Added by Acts 1997, 75th Leg., ch. 432, Sec. 1, eff. May 29, 1997.