LegalFix

§ 61-3-24. Lien on aircraft that land at airport for full amount of landing fees or other charges; enforcement of lien

MS Code § 61-3-24 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(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.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 61-3-24. Lien on aircraft that land at airport for full amount of landing fees or other charges; enforcement of lien