2005 Idaho Code - 45-1701 — DEFINITIONS

                                  TITLE  45
                         LIENS, MORTGAGES AND PLEDGES
                                  CHAPTER 17
                        NONCONSENSUAL COMMON LAW LIENS
    45-1701.  DEFINITIONS. As used in this chapter:
    (1)  "Federal official or employee" means an employee of the federal
government and federal agency as defined for purposes of the federal tort
claims act, 28 U.S.C. Sec. 2671;
    (2)  "Lien" means an encumbrance on property as security for the payment
of a debt;
    (3)  "Nonconsensual common law lien" is a lien that:
    (a)  Is not provided for by a specific state or federal statute;
    (b)  Does not depend upon the consent of the owner of the property
    affected for its existence;
    (c)  Is not a court-imposed equitable or constructive lien; and
    (d)  Is not of a kind commonly utilized in legitimate commercial
    transactions.
    (4)  "State or local official or employee" means an appointed or elected
official or any employee of a state agency, board, commission, department in
any branch of state government, or institution of higher education or of a
school district, political subdivision, or unit of local government of this
state.