Missouri Laws 305.806 – Lien on aircraft — perfection of lien requirements
1. The airport superintendent shall have a lien on a derelict or abandoned aircraft for all unpaid fees and charges for the use of the airport by the aircraft and for all unpaid costs incurred by the airport superintendent for the transportation, storage, and removal of the aircraft. As a prerequisite to perfecting a lien under this section, the airport superintendent shall serve a notice on the last registered owner and all persons having an equitable or legal interest in the aircraft.
2. (1) For the purpose of perfecting a lien under this section, the airport superintendent shall file a claim of lien that states:
Terms Used In Missouri Laws 305.806
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lien: A claim against real or personal property in satisfaction of a debt.
(a) The name and address of the airport;
(b) The name of the last registered owner of the aircraft and all persons having a legal or equitable interest in the aircraft;
(c) The fees and charges incurred by the aircraft for the use of the airport and the costs for the transportation, storage, and removal of the aircraft; and
(d) A description of the aircraft sufficient for identification.
(2) The claim of lien shall be signed and sworn to or affirmed by the airport superintendent’s director or the director’s designee.
(3) The claim of lien shall be served on the last registered owner of the aircraft and all persons having an equitable or legal interest in the aircraft. The claim of lien shall be served before filing.
(4) The claim of lien shall be filed with the proper office according to section 400.9-501. The filing of the claim of lien shall be constructive notice to all persons of the contents and effect of such claim. The lien shall attach at the time of filing and shall take priority as of that time.