77-6-112. Liens on crops and improvements. - Montana Statutes

     77-6-112. Liens on crops and improvements. (1) The state has a lien upon all crops growing upon any of its land and upon the crops after they have been separated from the land for any rentals and penalties due or delinquent under the lease on the land or becoming due during the calendar year in which the crops are harvested, for any year or part of a year that the land has been held or used by the lessee. This lien applies to all buildings, structures, fences, and other improvements and is prior and superior to all other liens, except thresher's liens and seed liens specified in 71-3-701 and 71-3-801, which have priority, but only for the aggregate amount of the indebtedness then existing, including any advances made, interest due and other charges as evidenced by the original loan-contract, and indebtedness accumulating, exclusive of any other future advances originally contemplated.
     (2) Any person acquiring any of these crops or improvements takes them subject to this lien. The department or the sheriff of the county in which the land is located may demand of the lessee payment of the amounts due the state, and if they are not paid upon demand, the officer making the demand or the department may seize and sell, either at a private or public sale, upon giving notice for not less than 3 days of the sale, sufficient of those crops or improvements, or of both, to pay the amounts due the state, together with costs and expenses of seizure and sale. These provisions relating to liens on crops and improvements must be embodied in all leases for agricultural and grazing lands and for town, city, or other lots.

     History: En. Sec. 31, Ch. 60, L. 1927; re-en. Sec. 1805.31, R.C.M. 1935; amd. Sec. 20, Ch. 428, L. 1973; R.C.M. 1947, 81-418; amd. Sec. 2565, Ch. 56, L. 2009.