2005 Idaho Code - 45-1101 — AIRCRAFT IMPROVEMENT LIEN -- SPECIAL LIEN DEPENDENT UPON POSSESSION

                                  TITLE  45
                         LIENS, MORTGAGES AND PLEDGES
                                  CHAPTER 11
                          AIRCRAFT IMPROVEMENT LIENS
    45-1101.  AIRCRAFT IMPROVEMENT LIEN -- SPECIAL LIEN DEPENDENT UPON
POSSESSION. (1) Any person, firm, or corporation who expends labor, skill, or
materials upon an aircraft, aircraft engines, propellers, appliances, spare
parts, or related equipment, at the request of its owner, reputed owner,
authorized agent of the owner, or lawful possessor of the aircraft, has a
special lien, dependent upon possession, on the aircraft for the just and
reasonable charges for the labor performed and material furnished up to the
amount of the written estimate or subsequent oral or written modifications
thereto.
    (2)  Provided however, a person, firm, or corporation expending labor,
skill or materials pursuant to the provisions of subsection (1) of this
section shall not have a special lien on the aircraft unless the person, firm,
or corporation delivers a written estimate regarding the nature and cost of
repair work to the owner, reputed owner, authorized agent of the owner or
lawful possessor of the aircraft prior to expending labor, skill or materials
on the aircraft.
    (3)  If not paid within two (2) months after the work is done, the person,
firm or corporation may proceed to sell the property at public auction after
first providing written notice of the impending sale to the owner, reputed
owner, authorized agent of the owner, or lawful possessor of the aircraft, as
well as any known secured parties or lienholders, by United States mail,
certified, return receipt requested, or equivalent private courier service
that provides evidence of date of delivery of mail. The person, firm or
corporation shall give ten (10) days' public notice of the sale by advertising
in some newspaper published in the county in which the work was done; or, if
there be no newspaper published in the county, then by posting notices of the
sale in three (3) public places in the town where the work was done, for ten
(10) days previous to the sale. The proceeds of the sale must be applied to
the discharge of the lien and the cost of keeping and selling the property;
the remainder, if any, must be paid over to the other secured parties or
lienholders, if any, and the owner. Provided however, that the person, firm or
corporation who is about to make, alter or repair the aircraft or related
equipment, in order to derive the benefits of this section, must, before
commencing such making, altering or repairing, give notice of the intention to
so make, alter or repair the aircraft or related equipment, by registered
mail, to any holder of a security interest which is of record at the FAA, at
least three (3) days before commencing the making, altering or repairing, and
if notice in writing within the three (3) days is not given by the holder of a
security interest notifying such person, firm or corporation not to perform
such services, then the making, altering or repairing may proceed and the
prior lien provided for herein attaches to the aircraft or related equipment.