Title 45 — LIENS, MORTGAGES AND PLEDGES

45-301. Purpose and scope. (1) The purpose of this chapter is to provide a unified system for creation of liens and to provide notice of claims of liens in farm crops. (2) The scope of this chapter is limited to liens in the crops of producers, and such liens are limited in amoun…

45-302. Definitions. For the purposes of this chapter: (1) "Buyer" means a person who purchases, on his own behalf or as an agent for others, a crop from a producer. (2) "Claimant" means a provider of seed or farm labor who files a notice of claim of lien in a crop. (3) "Crop yea…

45-303. Farm laborer’s lien. (1) Any person who performs farm labor on a farm in furtherance of production of a crop shall have a lien in the crop for the agreed or reasonable value of the labor. (2) The farm laborer’s lien shall have priority over any security interest in the sa…

45-304. Seed lien. (1) Any person who furnishes seed to a producer to be sown or planted on lands owned, rented or otherwise lawfully occupied by the producer, shall have a lien in the crop or crops produced from the seed for the purchase price of the seed. (2) The seed lien shal…

45-307. Attachment of lien. (1) A lien in a crop attaches when a claimant files a notice of claim of lien with the secretary of state. (2) A lien attaches to the crop subject to the lien, to any right or claim arising from any loss or damage to the crop, and to any payment to the…

45-308. Notice of claim of lien. (1) A claimant must file with the secretary of state a notice of claim of lien between thirty (30) days before and one hundred twenty (120) days after completion of his labor for or providing seed to the producer. If a notice of claim of lien is f…

45-308A. Amendment or assignment of notice. (1) A claimant may amend a notice of claim of lien to disclose a change of the name or address of a claimant or producer by filing a notice of amendment with the secretary of state. The notice of amendment shall include: (a) The file nu…

45-309. Civil penalty for false claim. (1) Any person who signs and files a notice of claim of lien which he knows or has reason to believe is false shall be liable to the producer in the amount of the actual damages caused by the false claim or five hundred dollars ($500), which…

45-310. Duration of lien. (1) A notice of claim of lien for farm labor remains in effect for twelve (12) months from the date of filing. The notice of claim of lien may be extended for six (6) months by filing a notice of extension of claim of lien. The notice of extension shall …

45-311. Duty to release upon satisfaction. (1) When a claimant’s lien has been satisfied, the claimant shall, within thirty (30) days after satisfaction, file with the secretary of state a notice of release of lien. (2) The notice of release shall be signed by the claimant, his a…

45-312. List of liens in farm crops. (1) The secretary of state shall publish a list of all presently effective notices of claim of lien in farm crops. The list shall be distributed to all persons who register therefor, on a schedule to be set by administrative rule of the secret…

45-313. Lien search. (1) Upon request the secretary of state shall issue a certificate listing all liens in crops of a particular producer for which notices of claim are on file in his office. The requesting party may additionally request copies of all relevant notices of claim o…

45-314. When buyer takes free of lien. (1) A buyer takes free of a lien in crops if he purchases and pays for a crop before a notice of claim of lien is filed with the secretary of state. (2) A buyer who has registered for, and has received, the list of liens described in section…

45-315. Duty of buyer. A buyer who does not take free of a lien under section 45-314, Idaho Code, is obligated to secure permission of the claimant to pay the producer in full or to insure payment of the claimant from the purchase price.

45-316. Administrative rulemaking. The secretary of state shall promulgate such administrative rules as are necessary to implement the provisions of this chapter and to set fees for all services provided for in this chapter.

45-317. Effective date and transition. (1) This chapter shall be effective as to all notices of claim of lien in crops filed on or after January 1, 1990. (2) Notices of claim of farm laborer’s lien, and notices of claim of seed lien recorded in the appropriate county recorders’ o…

45-318. Applicability of uniform commercial code. The liens provided for by this chapter are "agricultural liens" as defined in section 28-9-102, Idaho Code. The perfection and effect of perfection or nonperfection of the liens provided by this chapter are governed by uniform com…