Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 109--H.F.No. 602
           An act relating to commerce; providing for a 
          nonpossessory mechanics' lien under certain 
          circumstances; proposing new law coded in Minnesota 
          Statutes, chapter 514. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [514.221] [NONPOSSESSORY MECHANICS' LIEN 
CREATED; PERFECTION AND ENFORCEABILITY.] 
    Subdivision 1.  [LIEN CREATED.] Upon compliance with the 
requirements of subdivision 2, any person who makes, alters, 
repairs, or otherwise enhances the value of any aircraft at the 
request of the owner or legal possessor, and who parts with 
possession of the aircraft, has a lien upon the aircraft for 
that person's reasonable or agreed charges and for work done or 
materials furnished.  
    Subd. 2.  [PERFECTION OF LIEN.] A person claiming a lien 
created by this section shall, within 90 days after performing 
the work or furnishing the materials, file in the appropriate 
filing office under the uniform commercial code, section 
336.9-401, a verified statement and description of the aircraft 
and the work done or material furnished.  The lien shall be in 
force from and after the date on which it is filed.  
    Subd. 3.  [PRIORITY, FORECLOSURE; LIMITATION.] A lien 
created by this section is prior and paramount to all other 
liens upon the aircraft except those previously filed in the 
appropriate filing office.  The lien shall be treated in all 
respects as a secured transaction under the uniform commercial 
code, sections 336.9-401 to 336.4-508, except that:  
    (a) any foreclosure proceedings must be instituted within 
one year of the date the lien was filed; and 
    (b) the lien is subject to the rights of a purchaser of the 
aircraft in cases where the purchaser acquired the aircraft 
prior to the filing of the lien without knowledge or notice of 
the rights of the person performing the work or furnishing the 
material. 
    Approved May 10, 1983