2000 Minnesota Statutes

     557.12 Harvesting crops after termination of property 
  interests. 

    Subdivision 1.    Termination after crops planted.  If 
 the planting crop owner's property right to harvest crops is 
 involuntarily terminated before the crops are harvested, the 
 person or entity with the property right to harvest the crops is 
 liable to the planting crop owner for the crop value.  

    Subd. 2.    Planter's lien.  A planting crop owner has a 
 lien for the crop value that attaches to the crop and crop 
 products, and if the lien is not satisfied under subdivision 3, 
 a planting crop owner has a lien for the crop value that 
 attaches to the real property where the crop was planted.  

    Subd. 3.    Satisfaction of lien.  (a) A person with the 
 right to harvest a crop that is subject to a planting crop 
 owner's lien may satisfy the lien by:  

    (1) compensating the planting crop owner for the crop 
 value; or 

    (2) allowing the planting crop owner to enter the property 
 to grow and harvest the crops, and charging the planting crop 
 owner the fair market rental value of the property where the 
 crop was grown for the period when the planting crop owner's 
 right to harvest the crops was terminated until the crops are 
 harvested.  

    (b) If the person with the right to harvest the crop does 
 not notify the planting crop owner within 30 days after 
 termination of the planting crop owner's right to harvest the 
 crops that the lien will be satisfied under paragraph (a), 
 clause (2), the person with the right to harvest the crop must 
 satisfy the lien under clause (1) unless otherwise agreed by the 
 planting crop owner. 

    Subd. 4.    Lien on harvest by planter; priority.  If 
 the person with the right to harvest the crop satisfies the 
 planting crop owner's lien by allowing the planting crop owner 
 to harvest the crops, the person with the right to harvest the 
 crops has a lien for the fair market rental value of the 
 property where the crop was grown that attaches to the crops and 
 crop products.  The perfected lien has priority over all other 
 liens and security interests in the crop and crop products.  

    Subd. 5.    Filing and enforcement of liens.  (a) A 
 planting crop owner's lien under subdivision 2 and a lien for 
 the fair market rental value where the crop was grown under 
 subdivision 4 are perfected against the crop and crop products 
 by attaching and filing a financing statement covering the crop 
 and crop products as provided under sections 336.9-401 to 
 336.9-410 by 90 days after the planting crop owner's right to 
 harvest the crop is terminated.  The financing statement must 
 include a statement indicating whether it is a planting crop 
 owner's lien or a lien for a crop harvested by a planting crop 
 owner.  A perfected lien may be enforced in the same manner as a 
 security interest under sections 336.9-501 to 336.9-508. 

    (b) A lien against the real property under subdivision 2 
 must be recorded and foreclosed in the same manner as a 
 mechanics' lien under sections 514.08 to 514.15 as if the 
 planting crop owner was a contractor.  For purposes of this 
 paragraph, the lien statement must be filed and served under 
 section 514.08, subdivision 1, by 120 days after the crop was 
 harvested, or if the crop was not harvested, by 12 months after 
 the crop was planted. 

    HIST: 1986 c 398 art 12 s 4