263.534. Failure to pay assessment, penalties and interest--lien also authorized on cotton crop subject to assessment, priority of lien.

MISSOURI STATUTES AND CODES

263.534. Failure to pay assessment, penalties and interest--lien also authorized on cotton crop subject to assessment, priority of lien.

Failure to pay assessment, penalties and interest--lien alsoauthorized on cotton crop subject to assessment, priority of lien.

263.534. 1. A cotton grower who fails to pay, when due and uponreasonable notice, any assessment levied under sections 263.500 to 263.537shall be subject to a per-acre penalty as established in the department'sregulations, in addition to the assessment.

2. A cotton grower who fails to pay all assessments, includingpenalties, within thirty days of notice of penalty, shall destroy any cottonplants growing on his acreage which is subject to the assessment. Any suchcotton plants which are not destroyed shall be deemed to be a public nuisance,and such public nuisance may be abated in the same manner as any publicnuisance.

3. The department may petition the circuit court of the judicial circuitin which the public nuisance is located to have the nuisance condemned anddestroyed with all costs of destroying to be levied against the grower.Injunctive relief shall be available to the department notwithstanding theexistence of any other legal remedy, and the department shall not be requiredto file a bond.

4. In addition to any other remedies for the collection of assessments,including penalties and interest, the department shall have an assessment lienthat attaches and is perfected sixty days after the date the department mailsnotice of the assessment and shall cover any cotton crop grown by the grower,including future crops, and the proceeds of the cotton sale, until theassessment, including penalties and interest, is paid in full. The departmentshall notify the farm service agency and first handlers of cotton, includingbuyers, lienholders on the cotton, and ginners, of liens attached withinthirty days of the date of perfections. This assessment lien is not anagricultural lien for purposes of, and is not subject to the provisions ofArticle 9 of the Uniform Commercial Code-Secured Transactions, as embodied insections 400.9-101 to 400.9-508, RSMo. Such lien shall attach in preferenceto any prior lien, encumbrance or mortgage upon such cotton.