2011 Idaho Code
TITLE 45 LIENS, MORTGAGES AND PLEDGES
CHAPTER 17 NONCONSENSUAL COMMON LAW LIENS
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.
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