Disposal of abandoned and derelict aircraft

2025-2026 Bill 4674: Disposal of abandoned and derelict aircraft - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4674
STATUS INFORMATION
General Bill
Sponsors: Reps. Bustos and Chumley
Document Path: LC-0335CM26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Judiciary
Summary: Disposal of abandoned and derelict aircraft
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 53
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 53
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER
7 TO TITLE 55 SO AS TO PROVIDE FOR THE DISPOSAL OF ABANDONED OR DERELICT
AIRCRAFT BY AIRPORT MANAGERS.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
T
itle 55 of the S.C. Code is amended by adding:

C
HAPTER 7

D
isposal of Abandoned and Derelict Aircraft

S
ection
55-7-10
.
T
his chapter shall not apply to unmanned
aircraft, ultralight aircraft, or restoration of an aircraft where progress is
being made toward restoration, or an experimental aircraft in which progress is
being made toward building or restoration. Notwithstanding another provision of
law to the contrary, as used in this chapter:

(
1)
"Abandoned aircraft" means an aircraft located or stored on the premises of an
airport in a wrecked, or partially dismantled condition for at least one
hundred twenty days, and for which the owner or operator of the aircraft has
not made during this period any required tie down, hangaring, or rent payments
for the use of the premises. The term shall not include an aircraft being
repaired by a person providing services pursuant to Section
29-15-100
, or
pursuant to a plan specified in Section
55-7-30
.

(
2)
"Aircraft" means any contrivance used or designated for navigation of or flight
in the air. The term shall not include unmanned aircraft or ultralight
aircraft.

(
3)
"Derelict aircraft" means any aircraft that is located or stored on the
premises of an airport for at least one hundred eighty days and, throughout
this period the owner or operator has not maintained responsibility for the
storage, upkeep, or maintenance of the aircraft.

(
4)
"Person" means a natural person, firm, partnership, association, corporation,
limited liability company, or a political subdivision.

S
ection
55-7-20
. If an airport manager of a publicly owned or public-use airport
determines an abandoned aircraft or a derelict aircraft is located on the
premises of the airport, he or his designee may dispose of the aircraft in a
manner provided in this chapter.

S
ection
55-7-30
.
(
A) If an airport manager
determines an abandoned aircraft or derelict aircraft is located on the
premises of the airport and seeks to dispose of the aircraft, the airport
manager or his designee must:

(
1)
contact the Federal Aviation Administration (FAA) to determine the name and
address of the last registered owners and lienholders of the aircraft, and any
other person that has a legal or equitable interest in the aircraft; and

(
2)
serve the aircraft owner, lienholders, and any other person having a legal or
equitable interest in the aircraft a written notice to the most recent address
of the owner that is provided by the FAA. The notice shall state the aircraft
has been determined to be abandoned or derelict and is subject to:

(
a)
disposal and removal from the premises of the airport; and

(
b)
the recovery, by the owner or operator of the airport, of any accrued and
unpaid fees or charges incurred with respect to the aircraft while located on
the premises of the airport.

(
B) The
notice must include:

(
1)
a description of the aircraft by FAA N-Number, manufacturer name, model
designation, and serial number;

(
2)
the facts supporting the determination that the aircraft is abandoned or
derelict and is subject to disposal and removal from the premises of the
airport;

(
3)
the amount of accrued and unpaid fees or charges incurred with respect to the
aircraft while located on the premises of the airport for which a lien is being
asserted;

(
4)
a statement that the owner may rebut the determination that the aircraft is
abandoned or derelict if the owner produces reasonable documentation from a
certified aviation professional such as an airframe and powerplant mechanic,
repairman, repair station, or similarly licensed aviation maintenance
professional to develop and submit a reasonable plan to actively repair the
aircraft to both an airworthy and properly registered condition. The plan must
be submitted to the airport manager within thirty days from receiving notice;

(
5)
a statement that upon receipt of the notice, if a reasonable plan is not
submitted within thirty days, the aircraft owner, lienholder, and any other
person having a legal or equitable interest in the aircraft has an additional
thirty days to:

(
a)
remove the aircraft from the premises of the airport; and

(
b)
pay any accrued and unpaid fees or charges identified under this section;

(
6)
a statement that after thirty days, the airport's owner or operator may:

(
a)
assert a lien for any accrued and unpaid fees or charges identified in this
section within thirty days;

(
b)
remove and dispose of the aircraft from the premises of the airport if the
aircraft is not removed within thirty days; and

(
c)
sell the aircraft at a public auction or bid on the aircraft if it is made
available for disposal by means of a public auction;

(
7)
a statement that the airport's owner or operator may scrap the aircraft if no
bids are received for the aircraft during a public auction; and

(
8)
the hand signature of an authorized signatory for the owner or operator of the
airport located immediately above the title of the signatory.

(
C) Not
later than thirty days after the determination is made that the aircraft is
abandoned or derelict, the notice must be posted directly onto the aircraft,
and:

(
1)
delivered to the aircraft owner, lienholder, and any other person having a
legal or equitable interest in the aircraft by:

(
a)
certified mail, return receipt requested, and by first-class United States
mail, postage prepaid;

(
b)
a nationally recognized overnight courier service; or

(
c)
personal delivery; and

(
d)
be filed with the FAA.

(
D) If
the registered owner, lienholder, or any other person having a legal or
equitable interest in the aircraft cannot be found or served, notice by
publication may be used in lieu of personal service, courier service, or
certified mail.

(
E) In
the event that the owner of the aircraft, a lien holder, or any other person
having a legal or equitable interest in the aircraft, or their representative
demonstrates that a hardship exists, no sale or disposition shall be allowed
until thirty days after the hardship has been concluded. The submission and
implementation of a plan pursuant to this section shall stay the sale or
disposition. Such hardship may include, but is not limited to, circumstances in
which the ability to repair, restore, or certify the aircraft for flight is
impaired through circumstances not solely of the owner's making, such as the
death of an owner, probate of the estate of the owner, delays in FAA approvals
and certification affecting the owner's ability to complete a plan submitted pursuant
to Section
55-7-20
, the ability of the owner or its representatives to repair,
restore, or certify the aircraft is impaired as a result of military service or
deployment, bankruptcy, divorce, the inability to obtain parts to complete a plan
of repair, restoration, or certification, delays as a result of weather,
natural disaster, or calamity, and other reasonable and justifiable cause.
During such times of hardship, aircraft storage or hangar rental fees shall
continue to accrue.

S
ection
55-7-40
.
(
A) A petition for an order
finding an aircraft is abandoned or derelict and authorizing the disposal of
the aircraft by means of a public auction and removal of the aircraft from the
premises of an airport, and the recovery of any accrued and unpaid fees or
charges incurred with respect to the aircraft while located on the premises of
the airport must be filed in the circuit court of the county where the aircraft
is located.

(
B) The
petition must be filed not later than sixty days after the written notice is
delivered in accordance with Section
55-7-30
.

(
C) The
court, before selling the aircraft, shall establish ownership of the aircraft
and ensure the owner or any lienholder of record has been notified of the
pending sale. The court must advertise the aircraft for at least fifteen days
by posting notice in three public places in the county and at least two
recognized aviation-related websites or publications where aircraft are
commonly listed for sale. After the conclusion of a court-ordered sale or
transfer of the aircraft under this section, the court, its designee, or other
authorized person shall execute an FAA Bill of Sale (FAA form AR-94 or its
successor) to the new owner signed along with its order transferring title to
the aircraft.

(
D) Any
net proceeds resulting from the sale or disposal of an aircraft must 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 State Aviation Fund.

(
E) In
an action brought under this chapter, in the discretion of the court, the
prevailing party may recover reasonable attorney's fees if good cause is
demonstrated.

S
ECTION 2. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 2:38 PM