Statutory Agricultural Lien Rapid Finder Chart State of Minnesota

Document Sample
Statutory Agricultural Lien Rapid Finder Chart State of Minnesota Powered By Docstoc
					  University of Arkansas School of Law




An Agricultural Law Research Project


      Statutory Agricultural Lien
          Rapid Finder Chart

       State of Minnesota

         Originally published 1993 by

             Martha L. Noble

              Updated 2008 by

         Elizabeth R. Springsteen

                      &

               Jennifer Fiser




      www.NationalAgLawCenter.org
                                     Rapid Finder Chart: Non-UCC Statutory Agricultural Liens

                                                      STATE OF MINNESOTA




  TYPE OF LIEN /         LIEN CLAIMANT           ATTACHED         POSSESSION         FILING           DATE LIEN       EXPRESS
   CLAIMANT                                      PROPERTY          REQUIRED        REQUIRED           ATTACHES      STATUTORY
                                                                                                                     PRIORITY


GRAIN BANK LIEN.        OPERATOR OF A         GRAIN RECEIVED         YES              NO            NOT SPECIFIED       NONE
MINN. STAT. ANN. §§     GRAIN BANK (FEED-     FOR PROCESSING AS
236.01-236.09 (2008).   PROCESSING PLANT)     INDICATED BY A
                        LICENSED TO           GRAIN BANK
                        OPERATE IN            RECEIPT
                        MINNESOTA




LIEN ON NEGLECTED       PEACE OFFICERS,       ANIMALS PROVIDED       YES         YES, NOTICE OF     NOT SPECIFIED       NONE
ANIMAL. MINN.           AGENTS OF SOCIETIES   WITH CARE                          POSSESSION OF
STAT. ANN.              FOR THE PREVENTION                                       THE ANIMAL
§ 343.29 (2008).        OF CRUELTY TO                                            MUST BE FILED
                        ANIMALS AND                                              WITH THE TOWN
                        OTHERS WHO CARE                                          CLERK
                        FOR NEGLECTED
                        ANIMALS


MECHANICS’ LIEN         PERSON WHO STORES,    PERSONAL            NO; STATUTE    IF POSSESSION IS   NOT SPECIFIED   NONPOSSESSOR
ON PERSONAL             CARES FOR, OR         PROPERTY,           PROVIDES FOR   LOST, LIEN                         Y LIEN IS
PROPERTY. MINN.         ENHANCES THE          INCLUDING           POSSESSORY     STATEMENT                          SUBJECT TO
STAT. ANN. §§ 514.18-   VALUE OF PERSONAL     ANIMALS, TOOLS,     AND NON-       MUST BE FILED IN                   PRIOR
514.22 (2008).          PROPERTY              MACHINERY, AND      POSSESSORY     THE SAME                           RECORDED
                                              IMPLEMENTS          LIENS          MANNER AS A                        LIENS AND TO
                                                                                 UCC FINANCING                      PURCHASE BY
                                                                                 STATEMENT                          PARTIES
                                                                                                                    WITHOUT
                                                                                 LIEN STATEMENT                     NOTICE OF THE
                                                                                 IS ALSO FILED ON                   LIEN
                                                                                 A CENTRALIZED
                                                                                 COMPUTER
                                                                                 SYSTEM (MINN.                      FILED LIEN IS
                                                                                 STAT. ANN.                         CONSIDERED
                                                                                 § 366.9-411)                       UCC SECURITY
                                                                                                                    INTEREST



LIEN ON TIMBER          PERSON WHO            TIMBER AND              NO         YES; FOR           NOT SPECIFIED   PREFERRED TO
FOR LABOR. MINN.        PERFORMS MANUAL       SPECIFIED TIMBER                   MARKED TIMBER,                     ALL OTHER
STAT. ANN. §§ 514.40-   LABOR OR OTHER        PRODUCTS                           WITH                               CLAIMS EXCEPT
514.50; 514.54-514.56   SERVICES IN                                              COMMISSIONER                       THOSE OF THE
(2008).                 CUTTING,                                                 OF NATURAL                         STATE OF
                        PROCESSING, OR                                           RESOURCES                          MINNESOTA
                        HAULING TIMBER                                                                              AND CLAIMS OF
                                                                                 FOR UNMARKED                       AN OWNER OR
                                                                                 TIMBER, WITH                       OCCUPANT OF
                                                                                 THE DISTRICT                       LAND FROM
                                                                                 COURT OF THE                       WHICH TIMBER
                                                                                 COUNTY IN                          IS UNLAWFULLY
                                                                                 WHICH THE                          REMOVED
                                                                                 SERVICES WERE
                                                                                 PERFORMED
  TYPE OF LIEN /         LIEN CLAIMANT         ATTACHED        POSSESSION          FILING           DATE LIEN       EXPRESS
   CLAIMANT                                    PROPERTY         REQUIRED         REQUIRED           ATTACHES      STATUTORY
                                                                                                                   PRIORITY


LIEN UPON               PERSON WHO DRIVES   LOGS OR TIMBER         NO          NOT SPECIFIED      NOT SPECIFIED       NONE
OBSTRUCTING OR          OBSTRUCTING OR
INTERMIXED LOGS.        INTERMINGLED LOGS
MINN. STAT. ANN.        OR TIMBER OWNED
§ 514.51 (2008).        BY ANOTHER




LIEN OF THE             MINNESOTA           LOGS, TIMBER, OR   YES,                 NO            NOT SPECIFIED       NONE
COMMISSIONER OF         COMMISSIONER OF     LUMBER INVOLVED    AUTHORIZED BY
NATURAL                 NATURAL             WITH OFFICIAL      STATUTE
RESOURCES ON            RESOURCES           SERVICES
LOGS, TIMBER, AND
LUMBER. MINN.
STAT. ANN. §§ 514.57-
514.58 (2008).


LIEN ON CROPS FOR       CREDITOR WITH A     CROPS PRODUCED         NO          YES, WITH THE      NOT SPECIFIED   PERFECTED LIEN
RENTAL VALUE OF         PERFECTED OR        BY THE DEBTOR IN                   APPROPRIATE                        HAS PRIORITY
FARM MACHINERY          UNPERFECTED         THE CALENDAR                       OFFICE FOR                         OVER LIENS
DURING MEDIATION.       SECURITY INTEREST   YEAR IN WHICH                      FILING A UCC                       AND SECURITY
MINN. STAT. ANN. §      IN SEASONAL USE     DEBT MEDIATION                     FINANCING                          INTERESTS
514.661 (2008).         MACHINERY, WHO      OCCURS                             STATEMENT
                        ENGAGES IN DEBT                                                                           UNPERFECTED
                        MEDIATION                                                                                 LIEN HAS THE
                                                                                                                  PRIORITY OF AN
                                                                                                                  UNPERFECTED
                                                                                                                  UCC SECURITY
                                                                                                                  INTEREST

AGRICULTURAL            PRODUCER OF         AGRICULTURAL           NO          YES, LIEN IS       DATE            CONTINUOUSLY
PRODUCER’S LIEN.        AGRICULTURAL        COMMODITIES,                       PERFECTED          COMMODITIES     PERFECTED LIEN
MINN. STAT. ANN.        COMMODITIES,        EXCEPT RAW MILK                    UNTIL 20 DAYS      ARE DELIVERED   HAS PRIORITY
§ 514.945; 336A.01 TO   EXCEPT RAW MILK     AND SPECIFIED                      AFTER DELIVERY                     OVER OTHER
336A.16 (2008).         AND SPECIFIED       GRAINS                             WITHOUT FILING,                    LIENS AND
                        GRAINS                                                 AT WHICH TIME A                    ENCUMBRANCE
                                            PROCEEDS AND                       LIEN STATEMENT                     S, REGARDLESS
                                            PRODUCTS OF SUCH                   MUST FILED WITH                    OF DATE FILED
                                            AGRICULTURAL                       THE
                                            COMMODITIES                        APPROPRIATE                        LIEN FILED 20
                                                                               OFFICE FOR                         DAYS OR MORE
                                                                               FILING A USS                       AFTER
                                                                               FINANCING                          DELIVERY HAS
                                                                               STATEMENT                          PRIORITY IN
                                                                                                                  ORDER THAT IT
                                                                               LIEN STATEMENT                     IS FILED
                                                                               IS ALSO FILED ON
                                                                               A CENTRALIZED                      UNPERFECTED
                                                                               COMPUTER                           LIEN HAS
                                                                               SYSTEM (MINN.                      PRIORITY OF
                                                                               STAT. ANN.                         UNPERFECTED
                                                                               § 366.9-411)                       UCC SECURITY
                                                                                                                  INTEREST

                                                                                                                  PURCHASER
                                                                                                                  WITHOUT
                                                                                                                  WRITTEN
                                                                                                                  NOTICE OF THE
                                                                                                                  LIEN TAKES
                                                                                                                  FREE OF THE
                                                                                                                  LIEN
  TYPE OF LIEN /          LIEN CLAIMANT           ATTACHED         POSSESSION       FILING          DATE LIEN          EXPRESS
   CLAIMANT                                       PROPERTY          REQUIRED      REQUIRED          ATTACHES         STATUTORY
                                                                                                                      PRIORITY


WAREHOUSE LIEN.          WAREHOUSE             GOODS COVERED BY       YES       ENFORCEABLE BY    ENFORCEABLE BY    ENFORCEABLE
MINN. STAT. ANN.§                              A WAREHOUSE                      COMMERCIALLY      COMMERCIALLY      BY
336.7-209 TO 336.7-210                         RECEIPT OR                       REASONABLE        REASONABLE        COMMERCIALLY
(2008).                                        STORAGE                          SALE              SALE              REASONABLE
                                               AGREEMENT OR ON                                                      SALE
                                               THE PROCEEDS
                                               THEREOF




CARRIER’S LIEN.          CARRIER               GOODS COVERED BY       YES       ENFORCEABLE BY    ENFORCEABLE BY    ENFORCEABLE
MINN. STAT. ANN.§                              A BILL OF LADING                 COMMERCIALLY      COMMERCIALLY      BY
336.7-307 TO 336.7-308                         OR ON THE                        REASONABLE        REASONABLE        COMMERCIALLY
(2008).                                        PROCEEDS THEREOF                 SALE              SALE              REASONABLE
                                                                                                                    SALE




AGRICULTURAL
LIEN ON CROPS            PERSON LEASING        CROPS PRODUCED         NO        PERFECTED         WHEN THE CROPS    PRIORITY OVER
MINN. STAT. ANN.§        REAL PROPERTY FOR     ON THE REAL                      WHEN FILING       BECOME            ALL COMPETING
514.963 TO 514.964;      AGRICULTURAL          PROPERTY IN THE                  STATEMENT IS      GROWING CROPS     SECURITY
336A.01 TO 336A.16       PRODUCTION            CROP YEAR THAT IS                FILED WITH SEC.                     INTERESTS AND
(2008).                                        SUBJECT TO THE                   OF STATE                            ALL AG LIENS IN
                                               LEASE                                                                CROPS


                                                                                                  UPON THE          PRIORITY OVER
                                                                                PERFECTED                           ALL COMPETING
                         PERSON PROVIDING      CROPS COMBINED,        NO        WHEN FILING       SERVICES BEING
                         COMBINING, PICKING,                                                      PROVIDED BY       SECURITY
                                               PICKED,                          STATEMENT IS                        INTERESTS AND
                         HARVESTING,           HARVESTED,                       FILED WITH SEC.   THE HARVESTER
                         HAULTING, BALING,                                                                          ALL AG LIENS IN
                                               HAULED, BALED,                   OF STATE                            CROPS EXCEPT
                         DRYING OR STORING     DRIED, OR STORED
                         SERVICES IN THE                                                                            LANDLORDS
                         ORDINARY COURSE                                                                            LIEN
                         OF BUSINESS

                                               EXISTING CROPS
                         SUPPLIER              UPON LAND, CROPS       NO        PERFECTED         WHEN THE CROP
                                                                                WHEN FILING                         PRIORITY OVER
                         FURNISHING CROP       PRODUCED FROM                                      PRODUCTION
                                                                                STATEMENT IS                        ALL COMPETING
                         PRODUCTION INPUTS     FURNISHED SEED,                                    INPUTS ARE
                                                                                FILED WITH SEC.                     SECURITY
                         IN THE ORDINARY       OR CROPS                                           FURNISHED BY
                                                                                OF STATE                            INTERESTS AND
                         COURSE OF BUSINESS    PRODUCED,                                          THE SUPPLIER TO
                                                                                                                    ALL AG LIENS IN
                                               HARVESTED OR                                       THE PURCHASER
                                                                                                                    CROPS EXCEPT
                                               PROCESSED USING A                                                    LANDLORDS
                                               PETROLEUM                                                            LIEN AND
                                               PRODUCT                                                              HARVESTER’S
                                                                                                                    LIEN
 TYPE OF LIEN /        LIEN CLAIMANT          ATTACHED         POSSESSION          FILING          DATE LIEN         EXPRESS
  CLAIMANT                                    PROPERTY          REQUIRED         REQUIRED          ATTACHES        STATUTORY
                                                                                                                    PRIORITY

AGRICULTURAL
LIEN ON LIVESTOCK     LICENSED             ANIMAL                   NO         PERFECTED         EFFECTIVE UPON    PRIORITY OVER
MINN. STAT. ANN.§     VETERINARIAN                                             WHEN FILING       PERFORMANCE       ALL COMPETING
514.965 TO 514.966;   PERFORMING                                               STATEMENT IS      OF SERVICES       SECURITY
336A.01 TO 336A.16    VETERINARY CARE                                          FILED WITH SEC.                     INTERESTS AND
(2008).                                                                        OF STATE                            ALL AG LIENS
                                                                                                                   ON THE
                                                                                                                   ANIMALS
                                                                                                                   PRIORITY OVER
                                                                                                                   ALL COMPETING
                      OWNER OF             LIVESTOCK BRED           NO                                             SECURITY
                      LIVESTOCK USED FOR                                       PERFECTED         EFFECTIVE WHEN
                                           AND ANY                                                                 INTERESTS AND
                      BREEDING SERVICES                                        WHEN FILING       SERVICES ARE
                                           RESULTING                                                               ALL AG LIENS
                                                                               STATEMENT IS      PROVIDED
                                           OFFSPRING                                                               ON THE
                                                                               FILED WITH SEC.                     ANIMALS
                                                                               OF STATE                            EXCEPT
                                                                                                                   VETERINARIAN
                                                                                                                   LIENS AND
                                                                                                                   FEEDER LIENS
                                                                                                                   PRIORITY OVER
                                                                                                                   ALL COMPETING
                                                                                                                   SECURITY
                                                                                                 EFFECTIVE WHEN    INTERESTS AND
                      SUPPLIER                                      NO         PERFECTED         AGRICULTURAL
                                                                               WHEN FILING                         ALL AG LIENS
                      FURNISHING           LIVESTOCK                                             PRODUCTION        ON THE
                      LIVESTOCK                                                STATEMENT IS      INPUTS ARE
                                                                               FILED WITH SEC.                     ANIMALS
                      PRODUCTION INPUTS                                                          FURNISHED         EXCEPT
                                                                               OF STATE
                                                                                                                   VETERINARIAN
                                                                                                                   LIENS, FEEDER
                                                                                                                   LIENS, AND
                                                                                                                   BREEDER LIENS
                                                                                                                   PRIORITY OVER
                      PERSON WHO STORES,
                                                                                                                   ALL COMPETING
                      CARES FOR, OR
                                                                                                 EFFECTIVE WHEN    SECURITY
                      CONTRIBUTES TO THE                                       PERFECTED         THE SERVICES OR   INTERESTS AND
                      KEEPING, FEEDING,    LIVESTOCK                NO         WHEN FILING       CONTRIBUTIONS     ALL AG LIENS
                      PASTURING OR                                             STATEMENT IS      ARE PROVIDED      ON THE
                      OTHER CARE OF                                            FILED WITH SEC.   THE OBLIGOR       ANIMALS
                      LIVESTOCK IN THE                                         OF STATE                            EXCEPT
                      ORDINARY COURSE
                                                                                                                   VETERINARIAN
                      OF BUSINESS
                                                                                                                   LIENS




                      This material is based on work supported by the U.S. Department of
                      Agriculture under Agreement No. 59-8201-9-115. Any opinions, findings,
                      conclusions, or recommendations expressed in this article are those of
                      the author and do not necessarily reflect the view of the U.S.
                      Department of Agriculture.

                                     NatAgLaw@uark.edu | (479) 575-7646

                                   www.NationalAgLawCenter.org

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:5
posted:10/1/2012
language:Unknown
pages:5