1997 Minnesota Statutes

     514.960 Landlord lien. 

    Subdivision 1.    Lien; attachment.  A person or entity 
 that leases property for agricultural production has a lien for 
 unpaid rent on the crops produced on the property in the crop 
 year and on the crop products and their proceeds.  

    Subd. 2.    Perfection.  To perfect a landlord lien, the 
 lien must attach and the person or entity entitled to the lien 
 must file a lien statement with the appropriate filing office 
 under section 336.9-401 by 30 days after the crops become 
 growing crops.  

    Subd. 3.    Duties of filing officer.  The filing 
 officer shall enter on the lien statement the time of day and 
 date of filing.  The filing officer shall file, amend, 
 terminate, note the filing of a lien statement, and charge the 
 fee for filing under this section in the manner provided by 
 section 336.9-403 for a financing statement, except that the 
 social security number of an individual debtor or the Internal 
 Revenue Service taxpayer identification number for a debtor 
 other than an individual is not required.  A lien statement is 
 void and may be removed from the filing system 18 months after 
 the date of filing.  The lien statement may be physically 
 destroyed after 30 months from the date of filing. 

    Subd. 4.    Priority.  (a) A perfected landlord lien has 
 priority over all other liens or security interests in crops 
 grown or produced on the property that was leased and the crop 
 products and proceeds. 

    (b) A landlord lien that is not perfected has the priority 
 of an unperfected security interest under section 336.9-312. 

    Subd. 5.    Enforcement of lien.  The holder of a 
 landlord lien may enforce the lien in the manner provided in 
 sections 336.9-501 to 336.9-508, subject to section 550.17.  For 
 enforcement of the lien, the lienholder is the secured party and 
 the person leasing the property is the debtor, and each has the 
 respective rights and duties of a secured party and a debtor 
 under sections 336.9-501 to 336.9-508.  If a right or duty under 
 sections 336.9-501 to 336.9-508 is contingent upon the existence 
 of express language in a security agreement or may be waived by 
 express language in a security agreement, the requisite language 
 does not exist.  

    Subd. 6.    Enforcement actions; lien extinguished.  An 
 action to enforce a landlord lien may be brought in district 
 court in a county where the property is located after the lien 
 is perfected.  A lien statement may be amended, except the 
 amount demanded, by leave of the court in the furtherance of 
 justice.  A landlord lien is extinguished if an action to 
 enforce the lien is not brought within 18 months after the date 
 the lien statement is filed. 

    HIST: 1986 c 398 art 15 s 1; 1987 c 292 s 4,5; 1993 c 48 s 14