Section 45-1801 – DEFINITIONS.
45-1801. DEFINITIONS. As used in this chapter: (1) "Agricultural product" means wheat, corn, oats, barley, rye, lentils, soybeans, grain sorghum, dry beans and peas, beans, safflower, sunflower seeds, tame mustards, rapeseed, flaxseed, leguminous seed or other small seed, or any other agricultural commodity, including any of the foregoing, whether cleaned, processed, treated, reconditioned or whether […]
Section 45-1802 – LIEN CREATED — WHO MAY HAVE.
45-1802. LIEN CREATED — WHO MAY HAVE. An agricultural commodity producer or an agricultural commodity dealer who sells, or delivers under contract or bailment, an agricultural product has a lien on the agricultural product or the proceeds of the sale of the agricultural product as provided in section 45-1804, Idaho Code. The lien created in […]
Section 45-1803 – WHEN LIEN ATTACHES.
45-1803. WHEN LIEN ATTACHES. The lien created by section 45-1802, Idaho Code, attaches to the agricultural product and to the proceeds of the subsequent sale of the agricultural product on the date the agricultural product is physically delivered to the purchaser or on the date any final payment is due, and unpaid, to the agricultural […]
Section 45-1804 – DURATION OF LIEN — NOTICE OF LIEN.
45-1804. DURATION OF LIEN — NOTICE OF LIEN. (1) The lien provided for by section 45-1802, Idaho Code, remains in effect for a period of one hundred eighty (180) days after the date of attachment, except as provided in subsection (2) of this section. (2) The lien provided for by section 45-1802, Idaho Code, is […]
Section 45-1805 – PRIORITY OF LIEN.
45-1805. PRIORITY OF LIEN. The lien created by section 45-1802, Idaho Code, is preferred to a lien or security interest in favor of a creditor of the purchaser, regardless of whether the creditor’s lien or security interest attaches to the agricultural product or proceeds of the sale of the agricultural product before or after the […]
Section 45-1806 – DISCHARGE OF LIEN.
45-1806. DISCHARGE OF LIEN. The lien created by section 45-1802, Idaho Code, is discharged when the lienholder receives full payment for the agricultural product. If payment is received in the form of a negotiable instrument, full payment is received when the negotiable instrument clears banking channels. History: [45-1806, added 1983, ch. 202, sec. 1, p. […]
Section 45-1807 – FILING NOTICE OF DISCHARGE.
45-1807. FILING NOTICE OF DISCHARGE. (1) If a notice of lien is filed pursuant to section 45-1804, Idaho Code, and the lienholder subsequently receives full payment, the lienholder shall file with the secretary of state a notice of discharge, signed by the lienholder, declaring that full payment has been received and that the lien is […]
Section 45-1808 – FORM OF FILING WITH SECRETARY OF STATE — FEES.
45-1808. FORM OF FILING WITH SECRETARY OF STATE — FEES. The secretary of state shall prescribe the form of the filing provided for by sections 45-1804 and 45-1807, Idaho Code. The fee for the filing provided for by section 45-1804, Idaho Code shall be five dollars ($5.00). The fee for searching the database maintained by […]
Section 45-1809 – JOINDER OF ACTIONS — FILING FEES AS COSTS — ATTORNEY’S FEES.
45-1809. JOINDER OF ACTIONS — FILING FEES AS COSTS — ATTORNEY’S FEES. Any number of persons claiming liens against the same property under this chapter may join in the same action, and when separate actions are commenced, the court may consolidate them. The court shall also, as part of the cost, allow the moneys paid […]
Section 45-1810 – TRANSITION FROM COUNTY FILING TO FILING WITH THE SECRETARY OF STATE.
45-1810. TRANSITION FROM COUNTY FILING TO FILING WITH THE SECRETARY OF STATE. All liens created by this chapter on and after July 1, 2000, shall be filed with the secretary of state. All rights and duties obtained by secured parties pursuant to this chapter before July 1, 2000, shall remain in effect; provided, that liens […]