Priority of threshers' and processors' liens

Any lien under § 38-17-14 has priority over all other liens and encumbrances upon the grain, if filed within thirty days from the day on which the harvesting, threshing, shelling, or other processing was completed. Source: SL 1901, ch 174 , § 2; RCCivP 1903, § 738; RC 1919, § 1684; SL 1921, ch 281 , § 2; SL 1931, ch 175 , § 2; SDC 1939, § 39.1303; SL 1995, ch 231 . Effective July 1, 2027 38-17-16 . Agricultural processors' lien--Priority--Enforcement--Expungement--Fee--Exclusion. Any lien under § 38-17-14 has priority over all other liens and encumbrances upon the grain threshed or combined; corn shelled, husked or shredded; silage cut; seeds hulled; or agricultural products baled, mowed, ground, raked, or pulverized, if filed within sixty days from the day on which the processing of the crop was completed. A lien created under §§ 38-17-14 to 38-17-18 , inclusive, must be treated as an agricultural lien, as provided in chapter 57A-9 , and may be enforced in the manner and form provided for the enforcement of secured transactions, except that the action to enforce the lien must be commenced within sixty days after the filing of the financing statement. If the lien claimant does not commence an action to enforce the lien within sixty days of filing the financing statement, the lien is terminated, and the person for whom the processing was done may cause the financing statement to be expunged from the record by filing a termination statement, together with a sworn statement that no action to enforce the lien has been commenced within sixty days of the filing of the lien claimant's financing statement. The fee for filing, amending, or releasing the lien is as set forth in § 57A-9-525 . The provisions of § 54-13-10 do not apply to liens created under §§ 38-17-14 to 38-17-18 , inclusive. Source: SL 1901, ch 174 , § 2; RCCivP 1903, § 738; RC 1919, § 1684; SL 1921, ch 281 , § 2; SL 1931, ch 175 , § 2; SDC 1939, § 39.1303; SL 1995, ch 231 ; SL 2025, ch 166 , § 4, eff. Jan. 1, 2027; SL 2026, ch 165 , §§ 4, 6, eff. July 1, 2027.