Current through the 2024 Regular Session
Section 61-3-24 - Lien on aircraft that land at airport for full amount of landing fees or other charges; enforcement of lien(1) An authority, at which a commercial airline lands an aircraft operating under its Federal Aviation Administration certificate, shall have a lien upon all aircraft that land at the authority's airport by the airline for the full amount of any landing fees, or other rates and charges previously promulgated by the authority in its rules and regulations, incurred by the airline at the airport by any aircraft operating under the airline's Federal Aviation Administration certificate.(2) An authority may enforce any lien created herein against a nonresident debtor airline pursuant to the following procedure: a court of appropriate jurisdiction may issue a writ of sequestration, ex parte, against any aircraft operating under the Federal Aviation Administration certificate of the nonresident debtor airline and located at the airport operated by the authority. However, before issuing a writ of sequestration, the court shall find there is prima facie evidence that the nonresident debtor airline is past due on the landing fees or other rates and charges, that the authority has submitted prima facie evidence of exigent circumstances for the issuance of the writ, and that the authority has submitted a corporate surety bond in the amount of one hundred twenty-five percent (125%) of the past-due amount claimed. Upon issuing the writ of sequestration, the court shall grant the nonresident debtor airline an opportunity for an immediate evidentiary hearing to rebut the authority's claim and revoke the writ. The court shall allow the nonresident debtor airline to substitute in place of the sequestered aircraft a corporate surety bond with the court in the amount of one hundred twenty-five percent (125%) of the past-due amount claimed by the authority for the purpose of securing payment. Laws, 2012, ch. 343, § 1, eff. 4/16/2012.