47-7209

47-7209. Lien of warehouse

A. A warehouse has a lien against the bailor on the goods covered by a warehouse
receipt or storage agreement or on the proceeds thereof in its possession for charges for
storage or transportation, including demurrage and terminal charges, insurance, labor or
other charges, present or future, in relation to the goods and for expenses necessary for
preservation of the goods or reasonably incurred in their sale pursuant to law. If the
person on whose account the goods are held is liable for similar charges or expenses in
relation to other goods whenever deposited and it is stated in the warehouse receipt or
storage agreement that a lien is claimed for charges and expenses in relation to other
goods, the warehouse also has a lien against the goods covered by the warehouse receipt
or storage agreement or on the proceeds thereof in its possession for those charges and
expenses whether or not the other goods have been delivered by the warehouse. However, as
against a person to which a negotiable warehouse receipt is duly negotiated, a
warehouse's lien is limited to charges in an amount or at a rate specified in the
warehouse receipt or, if no charges are so specified, to a reasonable charge for storage
of the specific goods covered by the receipt subsequent to the date of the receipt.

B. A warehouse may also reserve a security interest against the bailor for the
maximum amount specified on the receipt for charges other than those specified in
subsection A of this section, such as for money advanced and interest. The security
interest is governed by chapter 9 of this title.

C. A warehouse's lien for charges and expenses under subsection A of this section
or a security interest under subsection B of this section is also effective against any
person that so entrusted the bailor with possession of the goods that a pledge of them by
the bailor to a good faith purchaser for value would have been valid. However, the lien
or security interest is not effective against a person that before issuance of a document
of title had a legal interest or a perfected security interest in the goods and that did
not:

1. Deliver or entrust the goods or any document of title covering the goods to the
bailor or the bailor's nominee with:

(a) Actual or apparent authority to ship, store, or sell;

(b) Power to obtain delivery under section 47-7403; or

(c) Power of disposition under section 47-2403, section 47-2A304, subsection B,
section 47-2A305, subsection B, section 47-9320 or section 47-9321, subsection C or other
statute or rule of law; or

2. Acquiesce in the procurement by the bailor or its nominee of any document.

D. A warehouse's lien on household goods for charges and expenses in relation to
the goods under subsection A of this section is also effective against all persons if the
depositor was the legal possessor of the goods at the time of deposit. For the purposes
of this subsection, "household goods" means furniture, furnishings or personal effects
used by the depositor in a dwelling.

E. A warehouse loses its lien on any goods that it voluntarily delivers or
unjustifiably refuses to deliver.