Title XIV, PROPERTY (Ch. 555 - 594A)

1. For purposes of this section : a. “Authorized contract representative” means the person chosen by the governmental entity or the department to represent its interests or the person designated in the contract as the party representing the governmental entity’s or the department…

1. The obligation of the public corporation to require, and the contractor to execute and deliver said bond, shall not be limited or avoided by contract. 2. A public corporation, with respect to a public improvement which is or has been competitively bid or negotiated, shall not …

A deposit of money, a certified check on a solvent bank of the county in which the improvement is to be located, a credit union certified share draft, state or federal bonds, bonds issued by a city, school corporation, or county of this state, or bonds issued on behalf of a drain…

Said bond shall run to the public corporation. The amount thereof shall be fixed, and the bond approved, by the official board or officer empowered to let the contract, in an amount not less than seventy-five percent of the contract price, and sufficient to comply with all requir…

The following provisions shall be held to be a part of every bond given for the performance of a contract for the construction of a public improvement, whether said provisions be inserted in such bond or not, to wit: [1] The principal and sureties on this bond hereby agree to pay…

1. Any person, firm, or corporation who has, under a contract with the principal contractor or with subcontractors, performed labor, or furnished material, service, or transportation, in the construction of a public improvement, may file, with the officer, board, or commission au…

1. In case of highway improvements by the county, claims shall be filed with the county auditor of the county letting the contract. In case of contracts for improvements on the farm-to-market highway system paid from farm-to-market funds, claims shall be filed with the auditor of…

The officer shall endorse over the officer’s official signature upon every claim filed with the officer, the date and hour of filing. [C24, 27, 31, 35, 39, § 10307; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.9 ]

In the event work or construction upon a public improvement is stopped directly or indirectly by or as the result of an order or action of any federal or state authority or of any court because of the occurrence or existence of a situation which the president or the Congress of t…

For the purposes of this chapter : 1. “Public corporation” shall embrace the state, and all counties, cities, public school corporations, drainage districts, and all officers, boards or commissions empowered by law to enter into contracts for the construction of public improvemen…

Whenever a public corporation and a contractor or contractors, have entered into a contract for the construction of a public improvement, and any party to such contract desires to terminate said contract because of the occurrence of the event and under the circumstances stated in…

Any party to the contract may have the issue in dispute determined by filing in the district court of the county in which the public improvement or any part thereof is located a verified petition which shall allege in detail the ultimate facts upon which the petitioner relies for…

The rules of civil procedure shall be applicable to such action. The cause shall be tried forthwith in equity, and the court shall give such cases preference over other cases, except criminal cases. [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.4 ]

The district court shall have jurisdiction of the issue which is thus presented, and of all parties including any public corporation as defined in this chapter . The court shall make findings and render its judgment determining the issues involved in accordance with the purpose a…

Any party aggrieved by the findings and judgment of the district court may appeal to the supreme court as in other cases and the case shall be given preference over other cases in the supreme court. [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.6 ]

1. If the court determines that said contract should be terminated, or if the parties have agreed to its termination, the court shall include in its order: a. The terms and conditions imposed upon each party to the contract, including the extent of the liability of the sureties u…

In no event shall the public corporation pay or be required to pay compensation or moneys in excess of the total compensation stated in the contract for the construction of the public improvement. [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.8 ]

The provisions of this chapter shall not apply unless it is specifically contracted for between the contracting parties. [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.9 ]

Every laborer or miner who shall perform labor in opening, developing, or operating any coal mine shall have a lien for the full value of such labor upon all the property of the person, firm, or corporation owning or operating such mine and used in the construction or operation t…

1. A person claiming a common law lien, an equitable servitude lien, or a lien of similar nature which is other than a statutory lien, shall first give notice to any legal and equitable owners and persons in possession of the real or personal property against which the lien is so…

Every forwarding and commission merchant shall have a lien upon all property of every kind in the merchant’s possession, for the transportation and storage thereof, for all lawful charges and services thereon or in connection therewith, and, if sold under the provisions of this c…

Said lien may be foreclosed in the manner provided in the uniform commercial code, section 554.7308 . [R60, §1898 – 1905; C73, §2177 – 2182; C97, §3130 – 3134; S13, §3131; C24, 27, 31, 35, 39, § 10342; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §576.2 ] Attachment to enforc…

1. Any person who renders any service or furnishes any material in the making, repairing, improving, or enhancing the value of any inanimate personal property, with the assent of the owner, express or implied, shall have a lien thereon for the agreed or reasonable compensation fo…

Said lien may be foreclosed in the manner provided in the uniform commercial code, section 554.7308 . [R60, §1898 – 1905; C73, §2177-2182; C97, §3130 – 3134; S13, §3131; C24, 27, 31, 35, 39, § 10344; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §577.2 ] Attachment to enforce …

1. A supplier, as defined in section 537B.2 , upon receipt of a written notice from the attorney general that the attorney general has reason to believe that the supplier has engaged in a deceptive act or practice pursuant to section 537B.6, subsections 2 through 12 , in connecti…

Every lessor owning or operating a refrigerated locker plant or plants, shall have a lien upon all property of every kind in its possession for all reasonable charges and rents thereon and for the handling, keeping, and caring for the same. [C39, § 10344.1; C46, 50, 54, 58, 62, 6…

Said lien may be foreclosed in the manner provided in the uniform commercial code, section 554.7308 . [C39, § 10344.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §578.2 ] Attachment to enforce lien, §640.1

This Act shall be known as the “Self-Service Storage Facilities Act” . 2019 Acts, ch 50, §1 Former §578A.1 repealed by 2019 Acts, ch 50, §18

The operator shall disclose in the rental agreement whether the self-service storage facility is located in a “special flood hazard area” as defined by the federal emergency management agency in 44 C.F.R. pt. 61, Appendix A(3) . 2019 Acts, ch 50, §10

If the self-service storage facility is damaged or destroyed by a fire, flood, or other catastrophic event to the extent that the leased space is rendered unusable, the operator shall make a good faith effort to notify the occupant of the event and the occupant may terminate the …

As used in this chapter , unless the context clearly requires otherwise: 1. “Commercially reasonable sale” means a sale that is conducted at the self-service storage facility, at the nearest suitable place to where the personal property is held or stored, or on a publicly accessi…

1. An operator shall not knowingly permit a leased space at a self-service storage facility to be used for residential purposes. 2. An occupant shall not use a leased space for residential purposes. 2019 Acts, ch 50, §3 Former §578A.3 repealed by 2019 Acts, ch 50, §18

Unless otherwise provided in a rental agreement, an occupant, upon reasonable request from the operator, shall allow the operator to enter a leased space for the purpose of inspection or repair. If an emergency occurs, an operator may enter a leased space for inspection or repair…

1. The operator of a self-service storage facility and the operator’s heirs, executors, administrators, successors, and assigns shall have a lien upon all of an occupant’s personal property located at the self-service storage facility for delinquent rent, late fees, labor, or oth…

If the occupant is in default, the operator shall have the right to deny the occupant access to the leased space at the self-service storage facility if such right is set forth in the rental agreement. 2019 Acts, ch 50, §6 Former §578A.6 repealed by 2019 Acts, ch 50, §18

1. If an occupant is in default for a period of at least thirty days, the operator may enforce the lien granted in section 578A.5 by selling the occupant’s personal property. Sale of the occupant’s personal property may be by public or private proceedings. Such personal property …

Unless the rental agreement specifically provides otherwise and until a lien sale under section 578A.7 , the exclusive care, custody, and control of all personal property stored in a leased space remains vested in the occupant. 2019 Acts, ch 50, §8

This chapter does not impair the powers of the parties to a rental agreement to create rights, duties, or obligations that do not arise from this chapter . This chapter does not impair or impact the rights of parties to create liens by special contract or agreement, nor does it a…

1. Livery and feed stable keepers, herders, feeders, or keepers of stock shall have a lien on all property coming into their hands, as such, for their charges and the expense of keeping, but such lien shall be subject to chapter 579A and all prior liens of record. 2. Places for t…

If such charges and expenses are not paid, the lienholder may sell said stock and property at public auction, after giving to the owner or claimant, if found within the county, ten days’ notice in writing of the time and place of such sale and also by posting written notices ther…

Out of the proceeds of such sale the lienholder shall pay all of the charges and expenses of keeping said stock and property, together with the costs and expenses of said sale, and the balance shall be paid to the owner or claimant of the stock and property. [C97, §3137; C24, 27,…

As used in this chapter , unless the context otherwise requires: 1. “Cattle” means an animal classified as bovine, regardless of the age or sex of the animal. 2. “Custom cattle feedlot” means a feedlot where cattle owned by a person are provided feed and care by another person. 3…

1. A custom cattle feedlot lien is created. The lien is an agricultural lien as provided in section 554.9302 . 2. A custom cattle feedlot operator shall have a lien upon the cattle and the identifiable cash proceeds from the sale of the cattle for the amount of the contract price…

While the cattle are located at the custom cattle feedlot, the custom cattle feedlot operator may enforce a lien created in section 579A.2 in the manner provided for the enforcement of an agricultural lien as provided in chapter 554, article 9, part 6 . After the cattle have left…

A waiver of a right created by this chapter , including but not limited to a waiver of the right to file a financing statement pursuant to this chapter , is void and unenforceable. This section does not affect other provisions of a contract, including a production contract or a r…

A person who is a custom cattle feedlot operator may file a financing statement and enforce a lien as a contract producer under this chapter or chapter 579B , but not both. 99 Acts, ch 169, §13, 22, 24 ; 2001 Acts, ch 25, §5