TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 11

AIRCRAFT IMPROVEMENT LIENS

45-1102.  Surrender of possession — Statutory lien. (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.

History:

[45-1102, added 2002, ch. 371, sec. 1, p. 1043.]