Chapter 422-C: Abandoned Aircraft

The commissioner of transportation, any police employee of the department of safety, any police officer, sheriff, deputy sheriff or selectman upon discovery of any aircraft or aircraft parts apparently abandoned, or of any aircraft without a currently effective state of New Hampshire or federal registration certificate, whether situated within any public, municipal airfield or private airfield open for public use, for a period in excess of 3 years, may take such aircraft or component aircraft into his custody and may cause the same to be taken away and stored in some suitable place out of public view.

No such custodian shall be liable to the owner for any damages of such aircraft or aircraft component while it is in his custody.

All charges necessarily incurred by such custodian in the performance of carrying out the provisions of RSA 422-C:1 shall be a lien upon such aircraft or aircraft component. The custodian or manager of any hangar, airport facility or other place where such aircraft or aircraft component may be stored shall have a lien upon such aircraft or aircraft component for his storage charges.

The owner of an aircraft or aircraft component so placed in storage may reclaim the same before any sale by paying the charges incurred.

If the owner of such aircraft or aircraft component fails to so reclaim such within 30 days from the time of storage, the owner or manager of such hangar, airport facility or other place of storage shall, within 40 days of the date when such aircraft or aircraft component was placed in storage with him, send a written notice to the commissioner stating the make, factory or identification number of such aircraft or aircraft component, the date when the same was left in storage and by whom, and the aircraft registration number, if any. Such notice shall be placed on file by the commissioner and shall be subject to public inspection.

If such aircraft or aircraft component shall have been so stored for a period of 90 days, the custodian or airport manager may sell the same at his place of business, at public auction, for cash. No sale under the provisions hereof shall be valid unless the notice required by RSA 422-C:5 shall have been given.

Notice of such sale shall be given by posting notices thereof in 2 or more public places in the town where the property is stored, 14 days at least before the sale, and, if the value of the aircraft or aircraft component exceeds $100, by publishing the notice in a newspaper of local circulation. If the last place of abode of the owner of such aircraft or aircraft component is known to, or may be ascertained by, such custodian or manager by the exercise of reasonable diligence, a notice of the time and place of said sale shall be given said owner by registered mail, at least 14 days prior to said sale.

The balance of the proceeds of sale, if any, after payment of the amount of liens and the reasonable expenses incident to the sale, shall be paid to the owner of such aircraft or aircraft component or his legal representative, if claimed at any time within one year from the date of such sale. If such balance shall not be claimed within said period it shall be paid into the state treasury for the use of the state.