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58-220. Agister's lien; recording notice with register of deeds; sale for charges and expenses.

58-220

Chapter 58.--PERSONAL AND REAL PROPERTY
Article 2.--LIENS ON PERSONAL PROPERTY

      58-220.   Agister's lien; recording notice with register of deeds; salefor charges and expenses.Any owner of pasture lands, or the trustee or agent of such owner, whoshall lease or rent such pasture lands exclusively for pasture purposes toany person, copartnership or corporation for the pasturing of cattle,horses, sheep or other livestock shall have a first and prior lien upon allof such livestock or so much thereof as may be necessary to secure thepayment of the rent for said pasture lands, only, and said lien shall bepreferred to that of any prior security interest or other encumbrance andshall be valid irrespective of possession by the owner of such lands, orthe owner's trustee or agent: Provided, The lessor record a duly verifiednotice of his or her claim to a lien upon such livestock in the office of theregister of deeds in the county where such livestock is pastured prior tothe expiration of fifteen (15) days after such livestock is removed fromthe pasture.

      If the contract price be not paid when the same is due and payable, thesaid livestock, or so much thereof as may be necessary to pay said lien andthe expenses of sale, may be sold at public sale in the county where thelien arose, after giving ten days' written notice to the owner, trustee oragent by registered mail at his or her last-known address, and by publishingnotice of said sale once in a newspaper of general circulation in thecounty where said livestock may be located: Provided further, Thatforeclosure proceedings must be commenced on or before Decemberthirty-first following the season for which such rent is owing.

      History:   L. 1937, ch. 267, § 1; L. 1938, ch. 53, § 1; L. 1939, ch. 229, § 1;L. 1965, ch. 564, § 409; Jan. 1, 1966.

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