Va. Code Ann. § 43-34.1
Lien of keeper of hangar or tie-down on aircraft subject to a chattel mortgage
Redline — June 1, 2021 → current.View current text →
Current — March 1, 2022
As of June 1, 2021
In the case of any aircraft subject to a chattel mortgage, security agreement, deed of trust or other instrument securing money, the keeper of the hangar or tie-down shall have a lien thereon for his usual and reasonable charges for storage, alteration or repair from the time such lien is perfected as provided herein. Such lien is nonpossessory and shall be deemed a conveyance. To perfect such lien, the following shall be required:
In the case of any aircraft subject to a chattel mortgage, security agreement, deed of trust or other instrument securing money, the keeper of the hangar or tie-down shall have a lien thereon for his usual and reasonable charges for storage, alteration or repair from the time such lien is perfected as provided herein. Such lien is nonpossessory and shall be deemed a conveyance. To perfect such lien, the following shall be required:
(1) The claim of lien shall be signed, under oath, by the claimant, his agent or attorney;
(1) The claim of lien shall be signed, under oath, by the claimant, his agent or attorney;
(2) The claim of lien shall also be filed within 120 days after completion of alterations or repair or accrual of storage charges, as personal property security interests or liens are recorded, with the State Corporation Commission in accordance with the applicable provisions of Part 5 (§ 8.9A-501 et seq.) of Title 8.9A; and
(2) The claim of lien shall also be filed within 120 days after completion of alterations or repair or accrual of storage charges, as personal property security interests or liens are recorded, with the State Corporation Commission in accordance with the applicable provisions of Part 5 (§ 8.9A-501 et seq.) of Title 8.9A; and
(3) The claim of lien shall also be filed within such 120-day period with the Aircraft Registration Branch of the Federal Aviation Administration. (1993, c. 854.)
(3) The claim of lien shall also be filed within such 120-day period with the Aircraft Registration Branch of the Federal Aviation Administration.
Michie's Jurisprudence. - For related discussion, see 12B M.J. Mechanics' Liens, § 8.
CIRCUIT COURT OPINIONS
Manager found to be keeper. - Manager was a keeper and a person keeping aircraft within the plain meaning of the word for purposes of establishing a lien on an aircraft where it arranged for and provided hangar space for the owner's aircraft, coordinated and provided services necessary to maintain and legally operate the aircraft, and, as a lessee, was accountable for all activities that occurred in the hangar and/or tie-down space. Gold Key Aviation, L.L.C. v. Int'l Jet Charter, Inc., 56 Va. Cir. 421, 2001 Va. Cir. LEXIS 482 (Norfolk 2001).
Recordation of claim with Virginia State Corporation Commission not required. - Section 55-100 modifies § 43-34.1 by negating the need for filing notice of the claim by the lienor with the Virginia State Corporation Commission; similarly, compliance with § 55-100 rendered the requirements of former § 8.9-403, a Virginia finance statement filing statute, unnecessary. Gold Key Aviation, L.L.C. v. Int'l Jet Charter, Inc., 56 Va. Cir. 421, 2001 Va. Cir. LEXIS 482 (Norfolk 2001).
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.