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43-606: The land on which the Clearwater Casino is sited was purchased by the Suquamish in 1988 and, early on, hosted a tribal smoke shop. In 1992 the Suquamish tribe opened a bingo hall on the site. This was followed by a fabric tent housing a small casino in 1995. A permanent casino building was constructed in 2003, followed by an 85-room hotel in 2006. In 2015, a further expansion increased convention and meeting space and grew hotel capacity by an additional 98 rooms. Initially

86-412: A mover's lien under UCC § 7-307/308 to withhold a customer's goods to secure payment. This is a possessory lien and is the nonconsensual type of lien (because it exists automatically under a statute instead of being affirmatively agreed upon). However, the concept of a mover's lien is often abused in a moving scam known as a hostage load , whereby the moving company will extort money not owed by

129-574: A trustee in bankruptcy ; an unperfected lien may not be. In the United States, references to an "equitable lien" is a right, enforceable only in equity , to have a demand satisfied out of a particular fund or specific property without having possession of the fund or property. An equitable lien is a legal remedy rather than a security interest created to contemplate or support a transaction. In US law, such liens characteristically arise in four circumstances: Movers are typically entitled to

172-725: A board of trustees, though in those cases they act as a board of directors . In the case of UK charities , a trustee is a volunteer who undertakes fiduciary responsibilities on behalf of the charity, subject to the provisions of Charity Law, a branch of trust law, and the Charities Act 1993 . For charity trustees, the Charity Commission of England and Wales, Office of the Scottish Charity Regulator of Scotland and Voluntary Activity Unit of Northern Ireland often has concurrent jurisdiction with

215-497: A charitable trust. In all cases, the trustee may be a person or company , whether or not they are a prospective beneficiary. Trustees have certain duties (some of which are fiduciary ). These include the duty to: The modern interpretation of fiduciary duty requires the consideration of environmental, social, and governance (ESG) factors as these are long-term investment value drivers. When evaluating whether or not an institutional investor has delivered on its fiduciary duties, both

258-540: A lien under UK insolvency law, it has been argued that such statutory rights are not in fact liens, but rights analogous to liens, although an argument may be made that this is a distinction without a difference. It has also been argued that an agreement by contract that one party may retain the goods of another party until paid is not a lien, as under the common law, liens could only be nonconsensual. However, under insolvency law, such rights will be treated as liens even if they are not expressed as liens. A maritime lien

301-515: A mayor, who is elected to manage village business in a similar function. In some states, a civil township may be administered by a trustee or a group of trustees; see Indiana Township Trustee for an example. In the United States, when a consumer or business files for bankruptcy all property belonging to the filer becomes property of a newly created entity, the " bankruptcy estate ". (See 11 U.S.C. § 541.) For all bankruptcies (consumer or business) filed under Chapter 7 , 12 or 13 of Title 11 of

344-405: A nuisance, self-defence or ejection of trespassers to land". Equitable liens are an unusual species of property right, usually considered sui generis . Common-law liens are divided into special liens and general liens . A special lien, the more common kind, requires a close connection between the property and the service rendered. A special lien can only be exercised regarding fees relating to

387-426: A passive right to retain, a lien cannot be transferred; it cannot be asserted by a third party to whom possession of the goods is given to perform the same services that the original party should have performed; and if the chattel is surrendered to the lienor, the lien entitlement is lost forever (except for where the parties agree that the lien shall survive a temporary re-possession by the lienor). A lienee who sells

430-422: A process that finally saw fruition in 2009. Prior to the transfer, local government officials estimated the re-designation would cost the county approximately $ 458,000 per year in lost tax revenue. According to the casino, it operates more than 1200 slot machines , as well as keno and table games such a roulette and craps . The casino also has a poker room. In 2007, trade magazine Indian Gaming reported

473-458: A purely possessory form of security interest; indeed, when possession of the property is lost, the lien is released. However, common-law countries also recognize a slightly anomalous form of security interest called an "equitable lien", which arises in certain rare instances. Despite their differences in terminology and application, there are some similarities between liens in the US and elsewhere in

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516-460: A security interest upon ships of a nature otherwise unknown to the common law or equity. It arises purely by operation of law . It is a claim upon the property, both secret and invisible, often given priority by statute over other forms of registered security interest. Although characteristics vary under the laws of different countries, it can be described as: Throughout the world, there are many different types and sub-divisions of liens. Not all of

559-444: A trustee). This is an exception explicitly granted in the 1993 act The broadest sense of the term trustee applies to someone held to a fiduciary duty similar in some respects to that of a trustee proper. For example, the directors of a bank may be trustees for the depositors , directors of a corporation are trustees for the stockholders and a guardian is trustee of his ward's property. Many corporations call their governing board

602-429: Is a lien on a vessel given to secure the claim of a creditor who provided maritime services or suffered an injury from the vessel's use. Maritime liens are sometimes referred to as tacit hypothecation . Maritime liens have little in common with other liens under the laws of most jurisdictions. The maritime lien has been described as "one of the most striking peculiarities of Admiralty law ". A maritime lien constitutes

645-462: Is a synonym for anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility for the benefit of another. A trustee can also be a person who is allowed to do certain tasks but not able to gain income. Although in the strictest sense of the term a trustee is the holder of property on behalf of a beneficiary , the more expansive sense encompasses persons who serve, for example, on

688-406: Is in the hands of the creditor usually constitutes perfection. Where the property remains in the hands of the debtor, a further step must be taken, like recording a notice of the security interest with the appropriate office. Perfecting a lien is essential in protecting the secured creditor's interest in the property. A perfected lien is valid against bona fide purchasers of property and even against

731-452: Is incorporated as a CIO . The advantages and disadvantages of the different methods is a complicated matter. According to King and Philips, many of the advantages of incorporating as a CIO are obtained if the trustees are not individuals but a corporate entity. Depending on the state, a trustee is a member of the village board of trustees , which is a village's elected legislative body as outlined by local or state law. It can be composed of

774-411: Is no power of sale which arises at common law, although some statutes have also conferred an additional power of sale, and it is possible to confer a separate power of sale by contract. The common-law liens are closely aligned to the so-called "common callings" but are not co-extensive with them. A common-law lien is a very limited type of security interest. Apart from the fact that it only amounts to

817-584: Is still a lack of central nexus. Although arguably not liens as such, two other forms of encumbrance are sometimes referred to as liens. Certain statutes provide a passive right to retain property against its owner as security for obligations. For example, section 88 of the Civil Aviation Act 1982 of the United Kingdom permits an airport to detain aircraft for unpaid airport charges and aviation fuel. Although this right has been treated as

860-558: The Racketeer Influenced and Corrupt Organizations Act . Disputes between legitimate lienholding of chattels versus hostage-loading can sometimes be averted by the customer, including an advanced (before-the-fact) consensual waiver of the mover's right to a lien in the written contract, obligating the moving company to deliver the goods with reasonable dispatch regardless of payment disputes. Failure to do so would constitute conversion or trespass to chattels . Outside

903-444: The board of trustees of an institution that operates for a charity, for the benefit of the general public, or a person in the local government. A trust can be set up either to benefit particular persons or for any charitable purposes (but not generally for non-charitable purposes): typical examples are a will trust for the testator 's children and family, a pension trust (to confer benefits on employees and their families) and

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946-527: The debtor continues to manage the property of the bankruptcy estate, as " debtor in possession ", subject to replacement for cause with a trustee. Chapter 7 trustees in bankruptcy are chosen by the United States Trustee from a panel, and are known as panel trustees. Every judicial district has a permanent Chapter 13 trustee, known as a "standing trustee". As cases under Chapter 12 (for family farmers or fishermen) are filed fairly infrequently,

989-514: The lienee and the person who has the benefit of the lien is referred to as the lienor or lien holder . The etymological root is Anglo-French lien or loyen , meaning "bond", "restraint", from the Latin ligamen , from ligare "to bind". In the United States , the term lien generally refers to a wide range of encumbrances and would include other forms of mortgage or charge. In

1032-404: The mayor and a set number of trustees and usually manages village property, finances, safety, health, comfort, and general welfare and leadership of the town (acting as a board of police or fire commissioners or a moderate income housing board, for example). Village board of trustees is comparable to but distinguished from city council or town council . Small villages have a trustee instead of

1075-465: The US, a common-law lien may be defined as a passive right to retain a chattel (and, sometimes, documentary intangibles and papers) conferred by law. Modern law has generally left the legal lien to cases where it has been historically established without any real effort to make it applicable to current conditions. In Tappenden v Artus [1964] 2 QB 185, Diplock LJ referred to a lien as a "self-help" remedy, like "other primitive remedies such as abatement of

1118-419: The US, a lien characteristically refers to nonpossessory security interests (see generally: Security interest § Types ). In other common-law countries, the term lien refers to a very specific type of security interest, being a passive right to retain (but not sell) property until the debt or other obligation is discharged. In contrast to the usage of the term in the US, in other countries it refers to

1161-719: The United States Code (the Bankruptcy Code), a trustee (the " trustee in bankruptcy " or TIB) is appointed by the United States Trustee , an officer of the Department of Justice that is charged with ensuring the integrity of the bankruptcy system and with representatives in each court, to manage the property of the bankruptcy estate, including bringing actions to avoid pre-bankruptcy transfers of property. In bankruptcies filed under Chapter 11 ,

1204-404: The chattel unlawfully may be liable for conversion and surrendering the lien. In common-law countries, equitable liens give rise to unique and complex issues. An equitable lien is a nonpossessory security right conferred by operation of law, which is similar in effect to an equitable charge . It differs from a charge in that it is nonconsensual. It is conferred only in very limited circumstances,

1247-415: The common-law world. Liens can be "consensual" or "nonconsensual" ("voluntary" or "involuntary" in different states). Consensual liens are imposed by a contract between the creditor and the debtor: Nonconsensual liens typically arise by statute or by the operation of the common law . Those laws give a creditor the right to impose a lien on an item of real property or a chattel by the existence of

1290-550: The courts. Many UK charities are also limited liability companies registered with Companies House , in this case the trustees are also directors of the company and their liability is limited. This is the preferred model if the charity owns property or employs people. The law on this in England changed considerably with the Charities Act of 2006. An account of the main changes can be found in "Charities Act 2006: A guide to

1333-619: The customer by refusing to deliver the goods unless the customer pays money inflated beyond the contractual estimate . Because the customer is interested in obtaining their goods, they are under duress to pay the ransom. Hostage loads in at least the interstate context are illegal under 49 USC 13905. The Federal Motor Carrier Safety Administration (FMCSA) regulates the moving industry and sometimes takes enforcement action by fining and delicensing offending moving companies. Moving companies that deliberately engage in hostage-loading may also be considered to be engaging in racketeering in violation of

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1376-399: The fiduciary responsibility and liability to use the trust assets according to the provisions of the trust instrument (and often regardless of their own or the beneficiaries' wishes). The trustee may find himself liable to claimants , prospective beneficiaries, or third parties. If a trustee incurs a liability (for example, in litigation , for taxes, or under the terms of a lease) in excess of

1419-405: The following liens exist in all legal systems that recognise the concept of a lien. The following are descriptions that are not necessarily mutually exclusive. Types of lien include: Trustee Sections Contest Property disposition Common types Other types Governing doctrines Trustee (or the holding of a trusteeship ) is a legal term which, in its broadest sense,

1462-427: The instant transaction; the lienor cannot use the property held as security for past debts. A general lien affects all of the property of the lienee in the possession of the lienor and stands as security for all of the debts of the lienee to the lienor. A special lien can be extended to a general lien by contract, which is commonly done in the case of carriers. A common-law lien only gives a passive right to retain; there

1505-400: The land on which the casino was located was tribal-owned, but not part of the designated tribal trust lands. As such, property taxes were paid by the Suquamish to Kitsap County. A 1991 attempt by the tribe to re-designate the site as tribal territory failed due to the presence of liens on the property. The tribe began another attempt to have the casino property re-designated trust land in 2003,

1548-451: The most common (and least ambiguous) concerning the sale of land; an unpaid vendor has an equitable lien over the land for the purchase price, notwithstanding that the purchaser has gone into occupation of the property. It is seen as a counterweight to the equitable rule, which confers a beneficial interest in the land on the purchaser once contracts are exchanged for purchase. It is a matter of conjecture how far equitable liens extend outside

1591-505: The new law" by Michael King and Ann Phillips . One of the key changes made was that it introduced the Charitable Incorporated Organisation which is basically a limited liability charity. There are thus now two main aspects of corporate management of charities. One is the traditional way in which a corporation is a corporate trustee of a given charity. The second is the new way, in which the charity itself

1634-400: The outcomes achieved and the process followed are of critical importance. The terms of the instrument that creates the trust may narrow or expand these duties—but in most instances, they cannot be eliminated completely. Corporate trustees, typically trust departments at large banks, often have very narrow duties, limited to those the trust indenture explicitly defines. A trustee carries

1677-422: The relationship of creditor and debtor. Those liens include: Liens are also "perfected" or "unperfected" (see Perfection (law) ). Perfected liens are those for which a creditor has established a priority right in the encumbered property concerning third-party creditors. Perfection is generally accomplished by taking steps required by law to notify third-party creditors of the lien. The fact that an item of property

1720-412: The tribe's several businesses, of which the casino is the largest, created a local economic impact of more than $ 138 million. Lien A lien ( / ˈ l iː n / or / ˈ l iː ən / ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as

1763-442: The trust property they hold, then they may find themselves personally liable for the excess. Trustees are generally held to a "prudent person" standard in regard to meeting their fiduciary responsibilities, though investment, legal, and other professionals can, in some jurisdictions, be held to a higher standard commensurate with their higher expertise. -Trustees can be paid for their time and trouble in performing their duties only if

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1806-422: The trust specifically provides for payment. It is common for lawyers to draft will trusts so as to permit such payment, and to take office accordingly: this may be an unnecessary expense for small estates. In an exception to the duties outlined above, sabbatical officers of students' unions who are also trustees of these organisations they work for do have the right to a salary (and hence profit from their being

1849-443: The unpaid vendor's lien. Equitable liens have been held to exist in several cases involving choses in action , but not yet concerning chattels. The Australian courts have been the most receptive towards equitable liens concerning personal property (see Hewett v Court (1983) 57 ALJR 211), but a review of the cases still leaves a lack of clarity concerning the principles upon which an equitable lien will be imposed. But overall, there

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