Senate Bill 2370

AN ACT TO CREATE SECTION 61-3-66, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AIRPORT AUTHORITIES TO TAKE POSSESSION, OBTAIN THE TITLE AND DISPOSE OF ABANDONED MOTOR VEHICLES LEFT UPON AIRPORT PROPERTY; TO SET FORTH NOTICE REQUIREMENTS; TO AUTHORIZE THE SALE, DISPOSAL OR RETENTION OF VEHICLES FOR AIRPORT USE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 61-3-66, Mississippi Code of 1972:

61-3-66. (1) Any airport authority created pursuant to Section 61-3-1 et seq. is authorized and empowered to take possession of any motor vehicle that has been abandoned and left upon property owned, operated or controlled by the airport authority, when the owner of the motor vehicle cannot be located or after proper notice as provided for in this section, has been given.

(2) Before taking the title of an abandoned motor vehicle as allowed by this section, the airport authority shall provide notice of the intent to sell or dispose of the abandoned motor vehicle by:

(a) Making reasonable efforts to determine the name and address of the last registered owner of the abandoned motor vehicle and any identifiable lienholder(s) of record;

(b) If the last registered owner or lienholder(s) can be located, then the airport authority shall send written notice, by certified mail, return receipt requested, to the last known address of the registered owner and any lienholder(s), advising that the motor vehicle has been deemed abandoned, is subject to sale and will be disposed of unless claimed and all towing, storage and related charges are paid within ninety (90) days of the date of the issued notice.

The notice required by this paragraph shall also contain a detailed and accurate description of the motor vehicle to be sold, and set forth the date, time and place that such sale is to be conducted, and provide the name of the person who is to make the sale, as designated by the airport authority; and

(c) In addition to giving the notice required in paragraph (b) when the last registered owner or lienholder(s) can be located, or in lieu of the above notice requirement when the last registered owner or lienholder(s) cannot be located, the airport authority must post notice of the intent to sell the abandoned vehicle in three (3) public places in the county where the airport is located, at least ten (10) days preceding the date of such sale. At least ten (10) days before the date of the sale or other disposition, the airport authority must also issue a notice of abandonment to be published once in a newspaper of general circulation in the county where the vehicle is located.

The notice required by this paragraph shall also contain a detailed and accurate description of the motor vehicle to be sold, and shall be addressed to the unknown owners or other persons interested in the property to be sold. Additionally, the notice shall set forth the date, time and place that such sale is to be conducted, and provide the name of the person who is to make the sale, as designated by the airport authority.

(3) If the vehicle is not claimed and all charges are not paid within the required time, the title to the vehicle shall vest in the airport authority, and the authority may:

(a) Sell the vehicle at public auction to the highest and best bidder for cash;

(b) Dispose of the vehicle in a commercially reasonable manner; or

(c) Retain the vehicle for official airport use, including, but not limited to, airfield maintenance, security, operations or other authorized governmental purposes.

(4) The proceeds of any sale under this section shall be applied:

(a) First, to the cost of towing, storage, notice and sale of the motor vehicle; and

(b) Then, any remaining balance shall be held for the owner of record for ninety (90) days. If after ninety (90) days lapses, and the balance remains unclaimed, the balance shall be deposited into the general operating fund of the airport authority.

(5) The authority granted under this section is supplemental to, and does not limit, any other rights or remedies available to airport authorities under state law for the removal or disposition of abandoned vehicles.

SECTION 2. This act shall take effect and be in force from and after its passage.