45-1701 DEFINITIONS. - Idaho Statutes

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.