Print Friendly SENATE BILL NO. 1387 – Land owner, constrctn/authrz liens
SENATE BILL NO. 1387
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S1387................................................by JUDICIARY AND RULES
LIENS - Amends existing law to provide that when an owner of land has
authorized construction, alterations or improvements on his land, every
person performing labor upon, or furnishing materials to be used in the
construction, alteration or repair, or any person who provides professional
services has a lien upon the property for the work or labor done or
professional services or materials furnished for the construction,
alterations or improvements regardless of the person's contractual
relationship to the owner.
02/07 Senate intro - 1st rdg - to printing
02/08 Rpt prt - to Jud
02/26 Rpt out - to 14th Ord
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1387
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO LIENS; AMENDING SECTION 45-501, IDAHO CODE, TO PROVIDE THAT WHEN
3 AN OWNER OF LAND HAS AUTHORIZED CONSTRUCTION, ALTERATIONS OR IMPROVEMENTS
4 ON HIS LAND, EVERY PERSON PERFORMING LABOR UPON, OR FURNISHING MATERIALS
5 TO BE USED IN THE CONSTRUCTION, ALTERATION OR REPAIR OF SUCH STRUCTURE OR
6 ANY PERSON WHO PROVIDES PROFESSIONAL SERVICES HAS A LIEN UPON THE PROP-
7 ERTY FOR THE WORK OR LABOR DONE OR PROFESSIONAL SERVICES OR MATERIALS FUR-
8 NISHED FOR THE CONSTRUCTION, ALTERATIONS OR IMPROVEMENTS REGARDLESS OF THE
9 PERSON'S CONTRACTUAL RELATIONSHIP TO THE OWNER; AND DECLARING AN EMER-
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 45-501, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 45-501. RIGHT TO LIEN. When an owner of land has authorized construction,
15 alterations or improvements on his land, e Every person performing labor upon,
16 or furnishing materials to be used in the construction, alteration or repair
17 of any mining claim, building, wharf, bridge, ditch, dike, flume, tunnel,
18 fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or
19 any other structure, or who grades, fills in, levels, surfaces or otherwise
20 improves any land, or who performs labor in any mine or mining claim, and
21 every professional engineer or licensed surveyor under contract who prepares
22 or furnishes designs, plans, plats, maps, specifications, drawings, surveys,
23 estimates of cost, on-site observation or supervision, or who renders any
24 other professional service whatsoever for which he is legally authorized to
25 perform in connection with any land or building development or improvement, or
26 to establish boundaries, has a lien upon the same for the work or labor done
27 or professional services or materials furnished , whether done or furnished at
28 the instance of the owner of the building or other improvement or his agent;
29 and every contractor, subcontractor, architect, builder or any person having
30 charge of any mining claim, or of the construction, alteration or repair,
31 either in whole or in part, of any building or other improvement, as afore-
32 said, shall be held to be the agent of the owner for the purpose of this chap-
33 ter: provided, that the lessee or lessees of any mining claim shall not be
34 considered as the agent or agents of the owner under the provisions of this
35 chapter for such construction, alterations or improvements regardless of his
36 contractual relationship to the owner.
37 For purposes of this chapter the term "furnishing material" shall also
38 include, notwithstanding any other provision of law to the contrary, supply-
39 ing, renting or leasing equipment, materials or fixtures as defined in section
40 28-12-309, Idaho Code.
41 "Furnishing material" shall also include renting, leasing or otherwise
42 supplying any equipment, materials, fixtures or machinery to any mine or min-
43 ing claim.
1 SECTION 2. An emergency existing therefor, which emergency is hereby
2 declared to exist, this act shall be in full force and effect on and after its
3 passage and approval.
STATEMENT OF PURPOSE
The purpose of this bill is to restore historical materialmen lien
rights insured by Idaho’s constitution. The Idaho Supreme Court on
January 17, 2002, in L&W Supply Corporation vs. The Chartrand Family
Trust substantially diluted materialmen lien rights.
No fiscal impact.
Name: Bart M. Davis
STATEMENT OF PURPOSE/FISCAL NOTE S 1387