Recovery of Judgment; Payment of Proceeds; Attorney's Fees

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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

(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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