reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4835. Filing of bond or other security; cancellation of statement of claim or privilege or notice of pendency of action

RS 9:4835 - Filing of bond or other security; cancellation of statement of claim or privilege or notice of pendency of action
A. If a statement of claim or privilege or a notice of pendency of action is filed, any interested person may deposit with the recorder of mortgages either a bond of a lawful surety company authorized to do business in the state, cash, or certified funds to guarantee payment of the obligation secured by the privilege or that portion as may be lawfully due together with interest, costs, and attorney fees to which the claimant may be entitled up to a total amount of one hundred twenty-five percent of the principal amount of the claim as asserted in the statement of claim or privilege or in the action.
B. If the recorder of mortgages finds the amount of the cash or certified funds, or the terms and amount of a bond deposited with him to be in conformity with this Section, he shall note his approval on the bond and make note of either the bond or of the cash or certified funds in the margin of the statement of claim or privilege or notice of pendency of action as it is recorded in the mortgage records and cancel the statement of claim or privilege or the notice of pendency of action from his records by making an appropriate notation in the margin of the recorded statement or notice. The bond shall not be recorded but shall be retained by the recorder of mortgages as a part of his records.
C. Any person who files a bond or other security to guarantee payment of an obligation secured by a privilege in accordance with the provisions of Subsection A of this Section shall give notice of the filing to the owner, the holder of the privilege, and the contractor.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982. Acts 1984, No. 388, §1; Acts 1985, No. 556, §1; Acts 2012, No. 394, §2; Acts 2014, No. 182, §1; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4842. Delivery of communications or documents

RS 9:4842 - Delivery of communications or documents
Delivery of a communication or document required or permitted by this Part to be given or delivered is accomplished when the communication or document is received in accordance with R.S. 9:4843 by the person to whom it is sent or when it is deemed to have been given or delivered in accordance with R.S. 9:4844 or 4845.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 1988, No. 685, §1, eff. Jan. 1, 1989; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4843. Receipt of communications or documents

RS 9:4843 - Receipt of communications or documents
A communication or document is received when it comes into the possession of the person to whom it is sent or of a person authorized by him to receive it.
Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4845. Delivery by electronic means

RS 9:4845 - Delivery by electronic means
A communication or document required or permitted by this Part to be given or delivered shall be deemed to have been given or delivered when it is delivered by electronic means to a recipient who has consented to that method of delivery of communications or documents related to the work. Delivery by electronic means is accomplished when any of the following occurs:
(1) The communication or document is sent by facsimile transmission to a telecopier number at which the recipient has consented to receive communications or documents related to the work, provided that the sender receives a facsimile confirmation of receipt.
(2) The communication or document is delivered to an electronic mail address at which the recipient has consented to receive communications or documents related to the work, provided that the sender receives an electronic confirmation of receipt.
(3) The communication or document enters an electronic information processing system designated or used by the recipient for purposes of receiving communications or documents related to the work, and the communication or document is deemed to have been received by the recipient in accordance with R.S. 9:2615.
Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4846. Proof of delivery of movables; prima facie evidence

RS 9:4846 - Proof of delivery of movables; prima facie evidence
Proof of delivery of movables at the site of the immovable by a claimant asserting a claim or privilege under R.S. 9:4801(3) or 4802(A)(3) is prima facie evidence that the movables became component parts of the immovable, or were used on the immovable, or in machinery or equipment used at the site of the immovable in performing the work.
Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4851. Scope; definition

RS 9:4851 - Scope; definition
A. The provisions of this Subpart and the notice required to be given herein shall be nonwaivable and shall be applicable to all residential home improvements and shall be read and construed in pari materia with the other provisions of this Part.
B. For the purposes of this Subpart, residential home improvements shall include all improvements or construction which enhance the value or enjoyment of any real property occupied by the owner thereof principally as a single-family dwelling or residence if such works would entitle any person to lien rights against the property under the provisions of R.S. 9:4801 through 9:4842.
Added by Acts 1976, No. 237, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4852. Notice

RS 9:4852 - Notice
A. Prior to or at the time of entering into a contract for residential home improvements under the provision of this Subpart, the contractor shall deliver to the owner or his authorized agent, for such owner's or agent's signature, written notice in substantially the following form:
NOTICE OF LIEN RIGHTS
Delivered this ______ day of ________, 20___, by ______________, Contractor.
You are having work done on your home. Under Louisiana law, all those who work on your home, including the contractor, any subcontractors, and their employees, as well as all those who supply materials or equipment for the work, can file a lien against your home if they are not paid. They can also recover from you personally the amounts they are owed. This can occur even if you pay the contractor all amounts that you agreed to pay for the work.
You might protect yourself if you do one of the following:
(a) Before the work begins, have a written and signed contract with your contractor and have a payment bond issued. Before the work begins, make sure a notice of your contract and the bond are properly recorded in the parish mortgage records.
(b) When your contractor is paid make sure that all those who worked on your home or supplied materials or equipment have been paid in full. To do this, you might want to require the contractor to give you written lien waivers signed by all those who worked on your home or supplied materials or equipment, acknowledging that they have been paid.
If you have further questions, contact a lawyer.
By signing below, you acknowledge that you have been provided with this notice.
_____________________________________
Owner or Agent
______________________________________
Date
B. The notice herein required shall not be considered a condition of the construction contract.
Added by Acts 1976, No. 237, §1; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4853. Copies of notice

RS 9:4853 - Copies of notice
A. A copy of the signed notice shall be given to the owner or agent who has affixed his signature thereto.
B. Every person who may be entitled to lien rights against the residential property for work to be done or material to be furnished pursuant to this Subpart shall be furnished a copy of the signed notice by the contractor upon request.
Added by Acts 1976, No. 237, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4854. Lien rights unaffected

RS 9:4854 - Lien rights unaffected
Nothing contained in this Subpart shall abrogate or interfere with the lien rights of any person otherwise entitled thereto pursuant to the provisions of this Part.
Added by Acts 1976, No. 237, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4855. Penalty for violation

RS 9:4855 - Penalty for violation
In the event any liens are perfected under the provisions of this Part against any immovable property for work or improvements covered under the provisions of this Subpart and the contractor has failed to comply with the provisions of this Subpart, or, if having technically complied with this Subpart, has willfully, knowingly, and unlawfully falsified any statements or fraudulently obtained the signature of the owner or his agent, such owner shall have a civil cause of action therefor, and shall be entitled to reasonable damages and attorney fees. The penalty provided for herein shall not apply if the contractor or subcontractor obtains a bond from a good and solvent surety in favor of the owner of the property on which the lien is placed pursuant to R.S. 9:4841, or reimburses the property owner in an amount sufficient to satisfy the lien, either in the form of a deduction from the original contract price or other refund and the owner so acknowledges receipt in writing.
Added by Acts 1976, No. 237, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4856. Contractors; misapplication of payments prohibited; civil penalties; payment of claims, attorney fees and costs

RS 9:4856 - Contractors; misapplication of payments prohibited; civil penalties; payment of claims, attorney fees and costs
A. No contractor, subcontractor, or agent of a contractor or subcontractor, who has received money on account of a contract for the construction, erection, or repair of a building, structure, or other improvement, including contracts and mortgages for interim financing, shall knowingly fail to apply the money received as necessary to settle claims to sellers of movables or laborers due for the construction or under the contract. Any seller of movables or laborer whose claims have not been settled may file an action for the amount due, including reasonable attorney fees and court costs, and for civil penalties as provided in this Section.
B. When the amount misapplied is one thousand dollars or less, the civil penalties shall be not less than two hundred fifty dollars nor more than seven hundred fifty dollars.
C. When the amount misapplied is greater than one thousand dollars, the civil penalties shall be not less than five hundred dollars nor more than one thousand dollars, for each one thousand dollars in misapplied funds.
D. A contractor, subcontractor, or agent of a contractor or subcontractor who is found by the court to have knowingly failed to apply construction contract payments as required in Subsection A shall be ordered by the court to pay to plaintiff the penalties provided in Subsection B or C, as may be applicable, and the amount due to settle the claim, including reasonable attorney fees and court costs.
Acts 1997, No. 861, §1; Redesignated from R.S. 9:4814 by Acts 2019, No. 325, §4.
NOTE: Former R.S. 9:4814 redesignated as R.S. 9:4856 by Acts 2019, No. 325.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4858. Contractor's retainage bond

RS 9:4858 - Contractor's retainage bond
A. The contractor may elect to furnish at the contractor's cost and without offset of the cost against the retainage amount a retainage bond equal to and in lieu of the amount of the retainage required by the contract whenever a contract between an owner and a contractor for the construction, alteration, or repair of any work requires the withholding of sums for retainage until after the recordation of formal acceptance of such work, or notice of default by the contractor or subcontractor, or substantial completion, or final payment exclusive of nonconforming work.
B. If the contractor elects to furnish a retainage bond, it shall be in a form designated by the contracting agency from a surety, within their underwriting limits, with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide.
Redesignated from R.S. 9:4822(M) by Acts 2019, No. 325, §4.
NOTE: Former R.S. 9:4822 (M) redesignated as R.S. 9:4858 by Acts 2019, No. 325.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4862. Privilege for labor, services, or supplies

RS 9:4862 - Privilege for labor, services, or supplies
A. The following persons have a privilege over the property described in R.S. 9:4863 to secure the following obligations incurred in operations:
(1) A contractor for the price of his contract for operations.
(2) A contractor for the price of his contract for providing services or facilities to persons performing labor or services on a well site located in the waters of the state.
(3) A laborer or employee of an operator or contractor, for the price of his labor performed at the well site.
(4) A person who performs trucking, towing, barging, or other transportation services for an operator or contractor, for the price of transporting movables to the well site.
(5) A person who transports, to or from a well site located in the waters of the state, persons who are employed in rendering labor or services on the well site, for the price of transporting those persons.
(6) A seller for the price of a movable sold to an operator or contractor that is:
(a) Incorporated in a well or in a facility located on the well site.
(b) Consumed in operations.
(c) Consumed at the well site by a person performing labor or services on a well site located in the waters of the state.
(7) A lessor for the rent of a movable leased to an operator or contractor used in operations and that accrues while the movable is located on the well site.
B. The privilege created by this Part is accessory to and secures only the following:
(1) The amount of the obligation described in Subsection A of this Section.
(2) Interest due on the amount of the obligation.
(3) The cost of preparing and filing the statement of privilege and notice of pendency of action authorized by this Part.
(4) The amount of reasonable attorney fees not to exceed ten percent if an attorney is employed to enforce obligations.
Acts 1983, No. 374, §1; Acts 1986, No. 191, §1; Acts 1989, No. 137, §5, eff. Sept. 1, 1989; Acts 1990, No. 1079, §3, eff. Sept. 1, 1990; Acts 1995, No. 962, §1; Acts 2012, No. 394, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4863. Property subject to the privilege

RS 9:4863 - Property subject to the privilege
A. Except as limited by Subsections B, C, and D of this Section, the privilege given by R.S. 9:4862 is established over:
(1) The operating interest under which the operations giving rise to the claimant's privilege are conducted together with the interest of the lessee of such interest in a:
(a) Well, building, tank, leasehold pipeline, and other construction or facility on the well site.
(b) Movable on a well site that is used in operations, other than a movable that is only transiently on the well site for repair, testing, or other temporary use.
(c) Tract of land, servitude, and lease described in R.S. 9:4861(12)(c) covering the well site of the operating interest.
(2) Drilling or other rig located at the well site of the operating interest if the rig is owned by the operator or by a contractor from whom the activities giving rise to the privilege emanate.
(3) The interest of the operator and participating lessee in hydrocarbons produced from the operating interest and the interest of a non-participating lessee in hydrocarbons produced from that part of his operating interest subject to the privilege.
(4) The proceeds received by, and the obligations owed to, a lessee from the disposition of hydrocarbons subject to the privilege.
B. The privilege that results from operations on a voluntary or compulsory unit affects only that part of a non-participating lessee's interest in the operating interest located within the boundaries of the unit and only insofar as the unit covers and affects the unitized zone or formation. The privilege affects only the interest of the non-participating lessee in the other property described in Subsection (A)(1) and (2) of this Section that is used in the operations of the unit well.
C. The privilege does not affect:
(1) That part of hydrocarbons produced from an operating interest that is owned by a lessor, sublessor, overriding royalty owner, or other person who is not a lessee of the operating interest.
(2) The obligations or proceeds arising from the disposition of such hydrocarbons that are owned by or payable to such persons.
D. The lien and privilege provided for in this Subpart shall not attach or apply to any rigs, machinery, appurtenances, appliances, equipment, or other related equipment moved onto the lease for the purpose of plugging and abandoning the well or wells and closing associated pits thereon in compliance with an order issued by the commissioner of conservation after public hearing in accordance with the provisions of R.S. 30:1 et seq. Additionally, the lien and privilege provided for in this Subpart shall not attach or apply to any casing, tubing, pipe, and other tubular goods recovered from the drill hole as a result of such plugging and abandoning operations.
Acts 1995, No. 962, §1; Acts 1997, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4864. When the privilege is established and when it is extinguished

RS 9:4864 - When the privilege is established and when it is extinguished
A. The privilege in favor of a claimant is established and is effective as to a third person when:
(1) The claimant, who is a contractor, laborer, or employee begins rendering services at the well site.
(2) Movables sold by the claimant to an operator or contractor are delivered to the well site.
(3) The claimant begins transporting movables to, or persons to or from, the well site.
(4) Property leased by the claimant to an operator or contractor is placed on the well site for use in operations.
B. The privilege is extinguished:
(1) Upon extinction of the obligation it secures.
(2) By written consent of the claimant.
(3) As otherwise provided in this Part.
C. All obligations owed to a claimant arising from operations on the same operating interest, without a lapse of more than ninety consecutive days between an activity or event that establishes the privilege as described in Subsection A of this Section, are secured by a single privilege whether or not such activities are performed or events occur at different times and under several contracts with different operators or contractors. If more than ninety consecutive days elapse between such activities or events, the privileges established before and those established after such time are separate.
Acts 1995, No. 962, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4865. Cessation of effect as to certain third persons

RS 9:4865 - Cessation of effect as to certain third persons
A. A privilege ceases to have effect against a third person one hundred-eighty days after the last activity or event which gives rise to the privilege unless:
(1) The property subject to the privilege is not a drilling or other rig and the claimant files a statement of privilege in the mortgage records of the parish where the operating interest subject to the privilege is located; or
(2) The property subject to the privilege is a drilling or other rig and the claimant files, in the place specified in R.S. 10:9-501, a financing statement conforming to the requirements of R.S. 10:9-502. Notwithstanding R.S. 10:9-509(a), the claimant may file such a financing statement without the debtor's authorization so long as the claimant holds the privilege at the time of filing and the financing statement covers only a rig covered by the claimant's privilege.
B. A privilege shall also cease to have effect against a third person unless the claimant institutes an action for the enforcement of the privilege within one year after the date of the filing of the statement of privilege or financing statement.
C. The privilege shall also cease to have effect against third persons who are not parties to the action instituted pursuant to the provisions of Subsection B of this Section unless the claimant files a notice of pendency of action in the mortgage records of the parish where the property is located or lawfully seizes the property subject to the privilege within thirty days after institution of the action unless the property subject to the privilege is a drilling or other rig.
Acts 1986, No. 191, §1; Acts 1995, No. 962, §1; Acts 2001, No. 128, §4, eff. July 1, 2001; Acts 2012, No. 394, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4866. Extinction as to movable property

RS 9:4866 - Extinction as to movable property
A privilege, if not otherwise extinguished, is extinguished as to movable property other than hydrocarbons, the obligations and proceeds derived from the disposition of hydrocarbons, and drilling or other rigs, when the property is transferred by an onerous transaction to a third person who is in good faith and it is removed from the well site.
Amended by Acts 1960, No. 31, §1; eff. Jan. 1, 1961; Acts 1995, No. 962, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4867. Notice to operator

RS 9:4867 - Notice to operator
A. A privilege is extinguished over the property upon which it is established, other than a drilling or other rig not owned by the operator, unless a statement of the claimant's privilege is delivered to the operator within the time specified in R.S. 9:4865(A) for the filing of a statement of privilege or unless the operator is contractually bound to the claimant for the obligation secured by the privilege.
B. A privilege established over a drilling or other rig, not owned by the operator, is extinguished at the time specified in R.S. 9:4865(A) for the filing of a statement of privilege unless a statement of the claimant's privilege is delivered to the owner of the rig within that time or unless the owner of the rig is contractually bound to the claimant for the obligation secured by the privilege.
Added by Acts 1968, No. 523, §1; Acts 1985, No. 519, §1; Acts 1995, No. 962, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4868. Statement of privilege; form and content

RS 9:4868 - Statement of privilege; form and content
A. A statement of privilege must be in writing, signed by or on behalf of the claimant, and contain all of the following information:
(1) The name and address of the claimant.
(2) The amount and nature of the obligation for which the privilege is claimed.
(3) The name and address of the person owing such amount.
(4) The name of the operator of the well as shown by the records of the commissioner of conservation.
(5) A description of the operating interest upon which the privilege is claimed, or of the well with respect to which the operations giving rise to the claimant's privilege were performed.
B.(1) A well is adequately identified if the statement of privilege gives the name and serial or other identification number of the well and the name of the field where it is located as these are designated by the records of the commissioner of conservation.
(2) A notice is properly delivered to the operator if it is delivered to the operator who is properly identified in the statement of privilege.
C. A notice is delivered when:
(1) It is mailed by certified or registered mail properly addressed with sufficient postage affixed.
(2) If not mailed by certified or registered mail when either:
(a) It is received by the person to whom it is sent.
(b) It is received at the office of the person to whom it is addressed.
D. A return receipt, indicating delivery to a person or to his place of business, of a U.S. Postal Service registered or certified letter transmitting a notice, is prima facie proof of its mailing. A proof of mailing issued by the U.S. Postal Service is prima facie proof of mailing of the document to which it relates. The burden of proving that the notice was not received by the person or at the time and place indicated by the return receipt is upon the person denying it.
E. A statement of privilege is not invalid if it fails to contain all of the information required by Subsection A of this Section, but fairly apprises the recipient or person against whom the privilege is asserted of the privilege claimed and of the operating interest, hydrocarbons, or other property upon which the privilege is claimed.
Acts 1995, No. 962, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4869. Purchaser of hydrocarbons; effect of privilege and notices required

RS 9:4869 - Purchaser of hydrocarbons; effect of privilege and notices required
A. The privilege established by R.S. 9:4863(A)(3) and (4) over hydrocarbons, the amount due for their price, and their proceeds is extinguished or becomes ineffective as to a third person in the manner provided in R.S. 9:4864, 4865, and 4867, and also in the following ways:
(1)(a) The privilege is extinguished as to hydrocarbons that are sold or otherwise transferred in a bona fide onerous transaction by the lessee or other person who severed or owned them at severance if the transferee pays for them before he is notified of the privilege by the claimant.
(b) After the transferee is notified of the privilege, the claimant may either enforce his privilege against hydrocarbons in the hands of the transferee or against the amount owed for their price, as he so elects.
(2) The privilege over hydrocarbons is extinguished when the hydrocarbons have become so commingled with, processed with, or transformed into other hydrocarbons or substances not subject to the privilege as to no longer be reasonably identifiable.
(3) The privilege over the proceeds from the disposition of hydrocarbons attributable to an interest of the lessee is extinguished when the proceeds have become so commingled with other funds not subject to the privilege as to no longer be reasonably identifiable.
B. A purchaser of hydrocarbons who is notified of the claim to a privilege over them may retain the amounts owed for them without liability to the claimant or the transferor from whom he received them until he is:
(l) Directed in writing by the claimant to release them or is advised by the claimant that the claimant no longer asserts a privilege over them.
(2) Directed in writing to deliver them to the claimant by the person to whom the purchaser owes the obligation.
(3) Directed in writing by the claimant and the person to whom the purchaser owes the obligation to deliver them to a third person or otherwise to dispose of them.
(4) Ordered to make some disposition of them by the judgment of a court in an action in which the claimant and the person to whom the purchaser owes the obligation are parties.
Acts 1995, No. 962, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4870. Ranking of privileges

RS 9:4870 - Ranking of privileges
A. The privileges given by this Part are of equal rank and priority, except that the privilege of a contractor is inferior to that of a person to whom the contractor is contractually bound or to whom a contractor or subcontractor of such a contractor is bound.
B. The privileges granted by this Part are superior in rank and priority to all other privileges, security interests, or mortgages against the property they encumber except the following which are of superior rank and priority:
(1) Privileges for ad valorem taxes against the property subject to the privilege.
(2) Mortgages and vendor's privileges on the operating interest and other property affected by such mortgages or privileges that are effective as to a third person before the privilege is established.
(3) Security interests in collateral subject to the privilege that are perfected before the privilege is established or that are perfected by a financing statement covering the collateral filed before the privilege is established if there is no period thereafter when there is neither filing nor perfection.
(4) The lien and privilege of the commissioner of conservation as provided in R.S. 30:32, 74(A)(3), and 91(B)(2).
Acts 1995, No. 962, §1; Acts 1997, No. 532, §1; Acts 2001, No. 128, §4, eff. July 1, 2001; Acts 2004, No. 303, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4872. Filing of bond or other security; cancellation of statement of privilege or notice of pendency of action

RS 9:4872 - Filing of bond or other security; cancellation of statement of privilege or notice of pendency of action
A. If a statement of privilege or a notice of pendency of action is filed, any interested person may deposit with the recorder of mortgages of the parish where the operating interest is located a bond of a lawful surety company authorized to do business in the state or cash, certified funds, or a federally insured certificate of deposit. The bond or deposit shall be not less than one hundred twenty-five percent of the principal amount of the obligation claimed in the notice and shall guarantee payment up to such amount of the claimant's obligations secured by the privilege or such portion thereof as is lawfully due.
B. If the recorder of mortgages finds that the terms and amount of the bond or deposit is in conformity with this Section, he shall note his approval of the bond or of the deposit, in the margin of the claimant's statement of privilege and in the margin of the notice of pendency of action where they are recorded and shall then cancel them from his records by making an appropriate notation in the margins of their recordation. A bond deposited with the recorder shall not be recorded but shall be retained by the recorder of mortgages as a part of his records.
C. A claimant's privilege is extinguished upon acceptance and approval by the recorder of the bond or deposit given for it.
Acts 1995, No. 962, §1; Acts 2012, No. 394, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4873. Delivery of movables to well site; burden of proof

RS 9:4873 - Delivery of movables to well site; burden of proof
Proof of delivery of movables to a well site by a claimant asserting a privilege under the provisions of R.S. 9:4862(A)(5) is prima facie evidence that the movables were incorporated in a well or in a facility located on the well site, or were consumed on the well site.
Acts 1995, No. 962, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4881. Definitions

RS 9:4881 - Definitions
For purposes of this Subpart:
(1) The terms defined in R.S. 9:4861 have the same meaning in this Subpart, unless they are differently defined in this Section.
(2) A "non-operator" is a lessee other than the operator.
(3) An "operator" is a lessee who is conducting operations with respect to a well.
Acts 1997, No. 1040, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4882. Privilege of the operator and non-operator

RS 9:4882 - Privilege of the operator and non-operator
A. The operator has a privilege over the property described in R.S. 9:4883 to secure payment of all obligations incurred in the conduct of operations which the non-operator is personally bound to pay or reimburse.
B. A non-operator has a privilege over the property described in R.S. 9:4883 to secure payment of all obligations owed to him by the operator from the sale or other disposition of hydrocarbons of the non-operator produced from the well.
Acts 1997, No. 1040, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4883. Property subject to the privilege

RS 9:4883 - Property subject to the privilege
A. A privilege given by this Subpart is established over the interest of the operator or non-operator in the following property:
(1) The operating interests under which the operations are conducted.
(2) A well, building, tank, leasehold pipeline, and other construction or facility on the well site.
(3) A movable on a well site that is used in the operations, other than a movable that is only transiently on the well site for repair, testing, or other temporary use.
(4) A tract of land, servitude, and lease described in R.S. 9:4861(12)(c) covering the well site of the operating interest.
(5) The hydrocarbons produced from the well site.
(6) The proceeds received by, and the obligations owed to, the operator or non-operator from the disposition of hydrocarbons subject to the privilege.
B. The privilege given by this Subpart does not affect:
(1) The hydrocarbons produced from the well site that are owned by the lessor, sublessor or overriding royalty owner.
(2) The obligations or proceeds arising from the disposition of such hydrocarbons that are owned by or payable to such persons.
Acts 1997, No. 1040, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4884. When the privilege is established and when it is extinguished

RS 9:4884 - When the privilege is established and when it is extinguished
A. A privilege given by this Subpart is established and is effective as to a third person when the obligation it secures is incurred.
B. The privilege is extinguished:
(1) Upon extinction of the obligation it secures.
(2) By written consent of the person in whose favor the privilege exists.
(3) As otherwise provided in this Subpart.
Acts 1997, No. 1040, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4885. Cessation of effect as to certain third persons

RS 9:4885 - Cessation of effect as to certain third persons
A. A privilege given by this Subpart ceases to have effect against a third person to the extent it secures an obligation due more than one hundred eighty days or incurred more than one year before a statement of privilege is filed in the mortgage records of the parish where the operating interest subject to the privilege is located. The filing of the statement of privilege preserves the effect as to a third person for all obligations incurred thereafter.
B. The privilege ceases to have effect against a third person unless the creditor institutes an action for the enforcement of the privilege within one year after the date of the filing of the statement of privilege.
C. The privilege ceases to have effect against a third person who is not a party to the action instituted pursuant to the provisions of Subsection B of this Section unless the creditor files a notice of pendency of action in the mortgage records of the parish where the property is located or lawfully seizes the property subject to the privilege within thirty days after institution of the action.
D. The provisions of R.S. 9:4869 apply to the privileges given by this Subpart.
Acts 1997, No. 1040, §1; Acts 2012, No. 394, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4886. Extinction as to movable property

RS 9:4886 - Extinction as to movable property
A privilege given by this Subpart is extinguished as to movable property other than hydrocarbons and the obligations and proceeds derived from the disposition of hydrocarbons when the property is transferred by an onerous transaction to a third person who is in good faith and it is removed from the well site.
Acts 1997, No. 1040, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4887. Statement of privilege; form and content

RS 9:4887 - Statement of privilege; form and content
A. A statement of privilege given by this Subpart must be in writing, signed by or on behalf of the creditor, and contain all of the following information:
(1) The name and address of the creditor and whether he is filing as an operator or non-operator.
(2) The amount of the obligation due as of the date of the statement.
(3) The name and address of the person owing such amount.
(4) The name of the operator of the well as shown by the records of the commissioner of conservation.
(5) A description of the operating interest over which the privilege is claimed.
B. The statement of privilege is not invalid if it fails to contain all of the information required by Subsection A of this Section, but fairly apprises the person against whom the privilege is asserted of the privilege claimed and of the operating interest, hydrocarbons, or other property upon which the privilege is claimed.
Acts 1997, No. 1040, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4888. Ranking of privileges

RS 9:4888 - Ranking of privileges
A. The privileges given by this Subpart are of equal rank.
B. The privileges given by this Subpart are superior in rank to all other privileges, security interests, or mortgages against the property they encumber except the following which are of superior rank:
(1) Privileges for ad valorem taxes against the property subject to the privilege and the privileges provided in R.S. 30:32, 74(A)(3), and 91(B)(2).
(2) Privileges given by Subpart A of this Part.
(3) Mortgages and vendor's privileges on the operating interest and other property affected by such mortgages or privileges that are effective as to a third person before the privilege is established.
(4) Security interests in collateral subject to the privilege that are perfected before the privilege is established or that are perfected by a financing statement covering the collateral filed before the privilege is established if there is no period thereafter when there is neither filing nor perfection.
Acts 1997, No. 1040, §1; Acts 2001, No. 128, §4, eff. July 1, 2001; Acts 2004, No. 303, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4901. Railroad tracks, road-beds, etc., privilege for material or labor

RS 9:4901 - Railroad tracks, road-beds, etc., privilege for material or labor
Any person who furnishes supplies, materials, or labor which enters into the construction, maintenance, or repair of the permanent road bed and structures of a railroad, has a privilege upon the road beds, tracks, rights of way, and franchises of the railroad for the amount due for the supplies, materials, or labor.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4902. Recordation unnecessary; effective period

RS 9:4902 - Recordation unnecessary; effective period
This privilege exists without the necessity of recordation, and is effective for a period of twelve months from the date upon which the materials or supplies are delivered or the labor is performed. In case of a running account of twelve months, the period is calculated from the date of the delivery or performance of the last item upon the account.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4903. Rank

RS 9:4903 - Rank
The privilege is a first privilege upon the road-beds, tracks, rights of way, and franchises of the railroad, and has priority over all other mortgages or encumbrances and shall be paid by preference out of the proceeds of the sale of the road-beds, tracks, rights of way, and franchises of the railroad, under foreclosure or otherwise.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4921. Feed for livestock used on public works; filing claims for

RS 9:4921 - Feed for livestock used on public works; filing claims for
Any person, to whom any money is due on account of having furnished feed for mules or other livestock used by any contractor or subcontractor in the construction, erection, alteration, or repair of any public roads or other public works, under a contract in excess of five hundred dollars at the expense of the state or any parish, city, town, village, public board or body, may file with the authority having the work done and record in the office of the recorder of mortgages of the parish in which the work is being done any time after the maturity of his claim, a sworn statement of the amount due him. Any payments made thereafter by the authority without deducting the amount of the claim so served on it shall be at its own risk.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4922. Statement of amount due

RS 9:4922 - Statement of amount due
Any person, to whom any money is due on account of having supplied and furnished feed for mules or other livestock used by any contractor or subcontractor in the construction, erection, alteration, or repair of such roads or public works shall, within forty five days after the acceptance of the work by the state, parish, city, town, village, public board or body, or within forty five days after the default of the contractor or subcontractor, file with the authority a sworn statement of the amount due and record a sworn statement thereof with the recorder of mortgages of the parish in which the work is done or being done. The forty five days does not begin to run until the authorities record in the mortgage office an acceptance of the work or notice of the default of the contractor.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4923. Feed claims have same rights as those for labor or materials

RS 9:4923 - Feed claims have same rights as those for labor or materials
Any person, who furnishes feed to mules or other livestock under the provisions of this Sub-part has the same rights and privileges as those accorded by law to any laborer or furnisher of material in the construction, erection, alteration, or repair of any public building, public road, public work or public improvement.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4941. Contractor may bond claims

RS 9:4941 - Contractor may bond claims
When any contractor shall have entered into a contract to perform public works under the laws of this state governing the letting and awarding of such contracts and in conformity with the requirements thereof, the contractor shall have the right to bond any claim or claims which may be filed or recorded against said work by depositing with the clerk of court of the parish in which such claims are filed or recorded a bond with surety signed by any surety company authorized to do business in the state for an amount equal to the claim plus one-fourth. The bond shall be approved by the clerk of court conditioned that in the event the legality of such claim or claims is established by suit or otherwise, the bond shall remain in full force and effect to protect the interest of the claimant in the premises.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4961. Attorney's fees, limitation for recordation of lien

RS 9:4961 - Attorney's fees, limitation for recordation of lien
When, under any provision of this chapter there is authority for ten percent attorney's fees in the event it becomes necessary to employ an attorney to enforce collection, the fee shall be limited to five hundred dollars when the services of the attorney are limited to recording the lien.
This section shall not apply when it is necessary to institute judicial action to enforce the lien.
Added by Acts 1960, No. 217, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5001. Privilege for fees

RS 9:5001 - Privilege for fees
A. A special privilege is hereby granted to attorneys at law for the amount of their professional fees on all judgments obtained by them, and on the property recovered thereby, either as plaintiff or defendant, to take rank as a first privilege thereon superior to all other privileges and security interests under Chapter 9 of the Louisiana Commercial Laws.
B. The term "professional fees", as used in this Section, means the agreed upon fee, whether fixed or contingent, and any and all other amounts advanced by the attorney to or on behalf of the client, as permitted by the Rules of Professional Conduct of the Louisiana State Bar Association.
Acts 1989, No. 78, §1, eff. June 16, 1989; Acts 2001, No. 128, §4, eff. July 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5011. Privilege of succession creditor and particular legatee

RS 9:5011 - Privilege of succession creditor and particular legatee
A creditor of the succession of a deceased person has a privilege on all of the property left by the deceased, if the heirs or legatees have accepted the succession without an administration thereof. The creditor enjoys this privilege whether his claim is demandable or not, and whether it is liquidated or not.
A particular legatee who has not received the delivery of his legacy has a privilege on all of the property left by the deceased, if the residuary heirs or legatees have accepted the succession without an administration thereof.
The privileges provided by this section entitle the succession creditor to be paid out of the proceeds of the judicial sale of the property left by the deceased, and the particular legatee to compel the delivery of his legacy, with preference over the creditors of the heirs or legatees.
Added by Acts 1960, No. 31, §5, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5012. Privilege of creditor of heir or legatee

RS 9:5012 - Privilege of creditor of heir or legatee
A creditor of an heir or residuary legatee who has accepted the succession of a deceased person without an administration thereof has a privilege on all of the property owned by the heir or legatee which was not acquired through the succession. The creditor enjoys this privilege whether his claim is demandable or not, and whether it is liquidated or not.
The privilege provided by this section entitles the creditor of the heir or residuary legatee to be paid out of the proceeds of the judicial sale of the property affected thereby, with preference over the succession creditors.
Added Acts 1960, No. 31, §5, eff. Jan 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:5013. Effect of privileges

RS 9:5013 - Effect of privileges
A. The privilege provided by R.S. 9:5011 or R.S. 9:5012, for a period of three months after the death of the deceased and whether recorded or not, shall affect the movables owned by the heirs or legatees at, but shall be subordinate to any mortgage granted or other privilege existing thereon prior to, the time the privilege to effect a separation of patrimony is sought to be enforced.
B. If the succession creditor, particular legatee, or creditor of the heir or legatee, as the case may be, files an affidavit of his claim for recordation in the mortgage office of the parish where the immovable property is situated within three months of the death of the deceased:
(1) The privileges provided by R.S. 9:5011 shall affect all immovables left by the deceased, including those alienated by the heirs or legatees, as provided by R.S. 9:5014; and
(2) The privilege provided by R.S. 9:5012 shall affect immovables not acquired through the succession and owned by the heir or legatee at, but shall be subordinate to any mortgage granted or other privilege existing thereon prior to, the time the privilege to effect a separation of patrimony is sought to be enforced.
Added by Acts 1960, No. 31, §5, eff. Jan. 1, 1961.