CHAPTER 356
2000-S 2130A
Enacted 7/20/2000


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RELATING TO PROPERTY -- AIRCRAFT REPAIR LIENS

Introduced By:  Senator Dennis L. Algiere Date Introduced:  January 19, 2000

It is enacted by the General Assembly as follows:

SECTION 1. Title 34 of the General Laws entitled "Property" is hereby amended by adding thereto the following chapter:

CHAPTER 47
AIRCRAFT REPAIR LIENS

34-47-1. Storage and liens. -- Persons, including, but not limited to, the state government and any of its departments, commissions, divisions, agencies or branches thereof, maintaining public landing, parking, storage, and tie-down facilities for the landing, parking, storage, and tie-down of aircraft brought to their premises on an airport or placed in their care by or with the consent of the owners thereof, shall have a lien upon such aircraft for proper charges due them for the landing, parking, storage, and tie-down and care of the same.

34-47-2. Repair liens. -- Any person who lawfully repairs an aircraft within this state shall have a lien upon such aircraft for proper charges due to him, made with the consent of the owners thereof.

34-47-3. Procedure. -- Any person entitled to a lien under this section, shall within sixty (60) days after last furnishing of labor, money, material, or supplies for the production of, altering or repairing of said personal property, file in the office of the federal aviation administration aircraft registry, a statement in writing verified by oath, showing the amount of labor, money, material or supplies furnished for the producing, storage, parking, servicing, altering or repairing of said personal property, the name of the person for, and by whom labor, money, material or supplies, was furnished, and specifying the registration number of said aircraft. Unless the person entitled to such lien shall file such statement within the time aforesaid, he shall be deemed to have waived his rights thereto; provided, however, that the lien provided for in this section shall not attach to any personal property after it has been purchased by an innocent purchaser for value, and has passed into his possession unless the lien shall have been filed with the federal aviation administration aircraft registry before the property was purchased by such purchaser, or he shall have received written notice, from the party entitled to the lien, of his intention to file the same.

34-47-4. Remedies reserved. -- Notwithstanding the provisions of section 34-47-3, whoever has a lien for money due him or her pursuant to the provisions of this chapter, shall be entitled to enforce such lien pursuant to the provisions of chapter 34-35 of the general laws. The lien hereby created is in addition to any lien created by contract. Any contractual lien may be enforced by the same procedure as is provided in this chapter for the statutory lien, insofar as the contract does not provide otherwise. Any lien created by this chapter shall not take priority over any and all prior liens which have been duly recorded and perfected.

SECTION 2. This act shall take effect on July 1, 2000.


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