Sec. 09.45.169. Definitions.

398 words·~2 min read·/ak/title-9/chapter-45/09-45-169

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In AS 09.45.161 — 09.45.169,

(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 or municipal ordinance;

(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 instrumentality;

(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 4. Foreclosure of Liens.