Idaho Code 45-1102 – Surrender of Possession — Statutory Lien
Current as of: 2023 | Check for updates
|
Other versions
(1) Any person, firm, or corporation who expends labor, skill, or materials upon an aircraft, aircraft engines, propellers, appliances, or spare parts, at the request of its owner, reputed owner, or authorized agent of the owner, or lawful possessor of the aircraft, has a lien upon the aircraft, or related equipment, for the contract price of the expenditure, or in the absence of a contract price, for the reasonable value of the expenditure.
(2) The statutory lien created pursuant to this section:
(a) Is applicable to any civil aircraft engine, aircraft propeller, or aircraft appliance which is capable of having the ownership, or an interest in the ownership, affected by a conveyance, recorded at the federal aviation administration (FAA) aircraft registry;
(b) Is not dependent upon possession by the repairperson of the property which is subject to the lien;
(c) Is dependent upon the recordation of the lien at the FAA aircraft registry in accordance with section 45-1103, Idaho Code;
(d) Must be created by written contract between the parties, and any subsequent oral or written modifications thereto. The written contract must be signed by the customer, and predate the commencement of work for which the lien is applicable.
Terms Used In Idaho Code 45-1102
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dependent: A person dependent for support upon another.
- labor: as used in this title shall include the cost of worker’s compensation and occupational disease compensation security required by the provisions of sections 72-301 through 72-304, Idaho Code, and amendments thereto, payment for which security has not been made. See Idaho Code 45-517
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Property: includes both real and personal property. See Idaho Code 73-114