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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 45. Actions Relating to Real Property
- Section 169. Definitions.
previous: Section 167
. Liability of Nonconsensual Common Law Lien Claimant or Grantee.
next: Section 170
. Judgment On Foreclosure of Lien.
AS 09.45.169. Definitions.
In AS 09.45.161
- (1) "filed" means the acceptance of a document by a department or person having responsibility for the receipt and filing
of documents that may be filed and that are presented for filing in the place of filing designated by law, whether or
not under applicable law the department or person is directed to file the document;
- (2) "nonconsensual common law lien" means a lien on real or personal property that
- (A) is not provided for by a specific state or federal statute;
- (B) does not depend on the consent of the owner of the property affected for its existence; and
- (C) is not an equitable, constructive, or other lien imposed by a court recognized under state or federal law;
- (3) "public servant" means each of the following, whether compensated or not:
- (A) an officer or employee of the state, a municipality or other political subdivision of the state, or a governmental
instrumentality of the state;
- (B) a person who serves as a member of a board or commission created by statute or by legislative, judicial, or
administrative action by the state, a municipality or other political subdivision of the state, or a governmental
- (C) an officer or employee of a federal agency, a member of the military or naval forces of the United States, a member of
the National Guard while engaged in training or duty, or a person acting on behalf of a federal agency in an official
capacity, temporarily or permanently in the service of the United States, whether with or without compensation; or
- (D) a person nominated, elected, appointed, employed, or designated to act in a capacity defined in (A) - (C) of this
paragraph, but who does not occupy the position;
- (4) "record" means the acceptance of a document by the recorder that the recorder has determined is recordable under AS 40.17 and that is presented for recording in the place of recording
designated for the recording district where affected property is located whether or not the place of recording is in
that district and whether or not under applicable law the recorder is directed to record the document;
- (5) "recorder" means the commissioner of natural resources or the person designated by the commissioner of natural
resources to perform the duties set out in AS 40.17.
Article 04. FORECLOSURE OF LIENS
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