CHAPTER 5 - OWNERS AND OPERATORS OF HARVESTING MACHINES
29-5-101. Definitions.
(a) As used in this chapter:
(i) "Crops" means any agricultural products grown orprocessed in this state;
(ii) "Elevators" means facilities leasing space forstorage of crops;
(iii) "Harvesting" means cubing, baling, threshing,combining, swathing, chopping, digging, picking or shelling crops.
29-5-102. Persons entitled to lien; extent thereof.
Allpersons owning or operating harvesting machines are entitled to a lien on thecrops harvested by them for the work performed in harvesting the crops.
29-5-103. Lien statement to be filed; contents; mistake in descriptionnot fatal; notice to purchaser or owner.
(a) Every person proceeding under this chapter shall file alien statement sworn before a notarial officer setting forth the amount claimedto be due him with the county clerk of the county in which the crops weregrown, within thirty (30) days after:
(i) The last work performed under contract in the harvesting ofthe crops; or
(ii) The work was substantially completed.
(b) In addition to the requirements of W.S. 29-1-301(a) thisstatement shall contain:
NOTE: Effective7/1/2011, this section will read as follows:
(b) In addition to the requirements of W.S. 29-1-312(a) thisstatement shall contain:
(i) A description of the legal subdivision of land where thecrops are stored; and
(ii) If the crops are stored in an elevator, the location of theelevator.
(c) Any error or mistake in the statement describing the cropsor the property on which they were raised shall not invalidate the lien.
(d) If the crops are being hauled from the machine direct tothe elevator or to any purchaser any person desiring to claim a lien byproceeding under this chapter shall serve written notice on the purchaser orthe owner of the crops that he may claim a lien on the crops for his workperformed.
29-5-104. Priority of lien.
The lien for work performed as specified inW.S. 29-5-102 has precedence over any mortgage or encumbrance except thosecreated by W.S. 29-8-102 relating to liens for the production of farm productsunder contracts executed, entered into, renewed or substantively amended afterJuly 1, 2001.
29-5-105. Limitation of actions; duration of lien.
Actionsfor the foreclosure of the lien provided by this chapter shall be commencedwithin sixty (60) days from the filing of the lien statement. No lien continuesto exist by virtue of this chapter for more than sixty (60) days after the lienis filed unless within that time a civil action is instituted to obtain ajudgment. When any action commences within the sixty (60) days, the liencontinues until the suit is finally determined and satisfied.
29-5-106. Removal of encumbered property without lienholder's consent;penalty.
Ifany person removes any property covered by the lien created by this chapterfrom the place where the property is located when the lien statement is filedwithout the written consent of the holder of the lien, either originally or bytransfer, the person causing the property to be removed is guilty of amisdemeanor. On conviction he may be fined not more than seven hundred fiftydollars ($750.00).
CHAPTER 5 - OWNERS AND OPERATORS OF HARVESTING MACHINES
29-5-101. Definitions.
(a) As used in this chapter:
(i) "Crops" means any agricultural products grown orprocessed in this state;
(ii) "Elevators" means facilities leasing space forstorage of crops;
(iii) "Harvesting" means cubing, baling, threshing,combining, swathing, chopping, digging, picking or shelling crops.
29-5-102. Persons entitled to lien; extent thereof.
Allpersons owning or operating harvesting machines are entitled to a lien on thecrops harvested by them for the work performed in harvesting the crops.
29-5-103. Lien statement to be filed; contents; mistake in descriptionnot fatal; notice to purchaser or owner.
(a) Every person proceeding under this chapter shall file alien statement sworn before a notarial officer setting forth the amount claimedto be due him with the county clerk of the county in which the crops weregrown, within thirty (30) days after:
(i) The last work performed under contract in the harvesting ofthe crops; or
(ii) The work was substantially completed.
(b) In addition to the requirements of W.S. 29-1-301(a) thisstatement shall contain:
NOTE: Effective7/1/2011, this section will read as follows:
(b) In addition to the requirements of W.S. 29-1-312(a) thisstatement shall contain:
(i) A description of the legal subdivision of land where thecrops are stored; and
(ii) If the crops are stored in an elevator, the location of theelevator.
(c) Any error or mistake in the statement describing the cropsor the property on which they were raised shall not invalidate the lien.
(d) If the crops are being hauled from the machine direct tothe elevator or to any purchaser any person desiring to claim a lien byproceeding under this chapter shall serve written notice on the purchaser orthe owner of the crops that he may claim a lien on the crops for his workperformed.
29-5-104. Priority of lien.
The lien for work performed as specified inW.S. 29-5-102 has precedence over any mortgage or encumbrance except thosecreated by W.S. 29-8-102 relating to liens for the production of farm productsunder contracts executed, entered into, renewed or substantively amended afterJuly 1, 2001.
29-5-105. Limitation of actions; duration of lien.
Actionsfor the foreclosure of the lien provided by this chapter shall be commencedwithin sixty (60) days from the filing of the lien statement. No lien continuesto exist by virtue of this chapter for more than sixty (60) days after the lienis filed unless within that time a civil action is instituted to obtain ajudgment. When any action commences within the sixty (60) days, the liencontinues until the suit is finally determined and satisfied.
29-5-106. Removal of encumbered property without lienholder's consent;penalty.
Ifany person removes any property covered by the lien created by this chapterfrom the place where the property is located when the lien statement is filedwithout the written consent of the holder of the lien, either originally or bytransfer, the person causing the property to be removed is guilty of amisdemeanor. On conviction he may be fined not more than seven hundred fiftydollars ($750.00).
CHAPTER 5 - OWNERS AND OPERATORS OF HARVESTING MACHINES
29-5-101. Definitions.
(a) As used in this chapter:
(i) "Crops" means any agricultural products grown orprocessed in this state;
(ii) "Elevators" means facilities leasing space forstorage of crops;
(iii) "Harvesting" means cubing, baling, threshing,combining, swathing, chopping, digging, picking or shelling crops.
29-5-102. Persons entitled to lien; extent thereof.
Allpersons owning or operating harvesting machines are entitled to a lien on thecrops harvested by them for the work performed in harvesting the crops.
29-5-103. Lien statement to be filed; contents; mistake in descriptionnot fatal; notice to purchaser or owner.
(a) Every person proceeding under this chapter shall file alien statement sworn before a notarial officer setting forth the amount claimedto be due him with the county clerk of the county in which the crops weregrown, within thirty (30) days after:
(i) The last work performed under contract in the harvesting ofthe crops; or
(ii) The work was substantially completed.
(b) In addition to the requirements of W.S. 29-1-301(a) thisstatement shall contain:
NOTE: Effective7/1/2011, this section will read as follows:
(b) In addition to the requirements of W.S. 29-1-312(a) thisstatement shall contain:
(i) A description of the legal subdivision of land where thecrops are stored; and
(ii) If the crops are stored in an elevator, the location of theelevator.
(c) Any error or mistake in the statement describing the cropsor the property on which they were raised shall not invalidate the lien.
(d) If the crops are being hauled from the machine direct tothe elevator or to any purchaser any person desiring to claim a lien byproceeding under this chapter shall serve written notice on the purchaser orthe owner of the crops that he may claim a lien on the crops for his workperformed.
29-5-104. Priority of lien.
The lien for work performed as specified inW.S. 29-5-102 has precedence over any mortgage or encumbrance except thosecreated by W.S. 29-8-102 relating to liens for the production of farm productsunder contracts executed, entered into, renewed or substantively amended afterJuly 1, 2001.
29-5-105. Limitation of actions; duration of lien.
Actionsfor the foreclosure of the lien provided by this chapter shall be commencedwithin sixty (60) days from the filing of the lien statement. No lien continuesto exist by virtue of this chapter for more than sixty (60) days after the lienis filed unless within that time a civil action is instituted to obtain ajudgment. When any action commences within the sixty (60) days, the liencontinues until the suit is finally determined and satisfied.
29-5-106. Removal of encumbered property without lienholder's consent;penalty.
Ifany person removes any property covered by the lien created by this chapterfrom the place where the property is located when the lien statement is filedwithout the written consent of the holder of the lien, either originally or bytransfer, the person causing the property to be removed is guilty of amisdemeanor. On conviction he may be fined not more than seven hundred fiftydollars ($750.00).
