reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-103 - GENERAL LIEN DEFINED.

45-103. GENERAL LIEN DEFINED. A general lien is one which the holder thereof is entitled to enforce as a security for the performance of all the obligations, or all of a particular class of obligations, which exist in his favor against the owner of the property.
History:
[(45-103) R.S., sec. 3327; reen. R.C. & C.L., sec. 3375; C.S., sec. 6342; I.C.A., sec. 44-103.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-104 - SPECIAL LIEN DEFINED.

45-104. SPECIAL LIEN DEFINED. A special lien is one which the holder thereof can enforce only as security for the performance of a particular act or obligation, and of such obligations as may be incidental thereto.
History:
[(45-104) R.S., sec. 3328; reen. R.C. & C.L., sec. 3376; C.S., sec. 6343; I.C.A., sec. 44-104.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-105 - SATISFACTION OF PRIOR LIEN.

45-105. SATISFACTION OF PRIOR LIEN. Where the holder of a special lien is compelled to satisfy a prior lien for his own protection, he may enforce payment of the amount so paid by him, as a part of the claim for which his own lien exists.
History:
[(45-105) R.S., sec. 3329; reen. R.C. & C.L., sec. 3377; C.S., sec. 6344; I.C.A., sec. 44-105.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-106 - CONTRACTS SUBJECT TO THIS CHAPTER.

45-106. CONTRACTS SUBJECT TO THIS CHAPTER. Contracts of mortgage of real property are subject to all the provisions of this chapter.
History:
[(45-106) R.S., sec. 3330; reen. R.C. & C.L., sec. 3378; C.S., sec. 6345; I.C.A., sec. 44-106; am. 1967, ch. 272, sec. 9, p. 745.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-107 - LIEN ON FUTURE INTEREST.

45-107. LIEN ON FUTURE INTEREST. An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In such case the lien agreed for attaches from the time when the party agreeing to give it acquires an interest in the thing, to the extent of said interest.
History:
[(45-107) R.S., sec. 3331; reen. R.C. & C.L., sec. 3379; C.S., sec. 6346; I.C.A., sec. 44-107.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-108 - LIEN FOR PERFORMANCE OF FUTURE OBLIGATIONS — VALIDITY — PRIORITY.

45-108. LIEN FOR PERFORMANCE OF FUTURE OBLIGATIONS — VALIDITY — PRIORITY. A lien may be created by contract, to take immediate effect, as security for the performance of obligations not then in existence, which lien, if not invalid on other grounds, shall be valid as against all persons.
The validity of such contracts and liens as security for any obligation is not affected as against any person by the fact that the contract does not specify, describe or limit the obligations to be secured as to purpose, nature, time, or amount of the obligations to be secured.
All such liens, if otherwise valid, are valid against and prior and superior to all rights, liens and claims acquired by other persons in the property subject thereto after the contract creating such liens was made, except in cases where the person in whose favor the obligation secured by such lien was created, had actual notice of the existence of such subsequent right, lien or claim at the time such obligation was created, and are prior and superior to such subsequent rights, liens or claims irrespective of such or any notice in the following cases:
1. Where the person, in whose favor the obligation secured thereby was created, was legally bound to make the advance or give the consideration resulting in such obligation.
2. Where the consideration for such obligation was necessarily and actually applied to the maintenance and/or preservation of the property subject to the lien.
Making the advance or giving the consideration to result in an obligation not in existence at the time such a contract creating a lien to secure the same is made, is optional with the person making the advance or giving the consideration unless he is bound by an express contract to the contrary which shall not be implied from the fact that the contract to secure such obligation was made.
Obligations otherwise within the limits and description of those specified in any contract creating a lien to secure the performance of obligations not then in existence, but created in favor of any person to whom the original party to be secured by the lien created by such contract has transferred such contract, shall also be secured thereby in like manner as similar obligations between the original parties thereto.
Contracts of mortgage of real property are subject to all the provisions of this section as amended.
History:
[(45-108) R.S., sec. 3332; reen. R.C. & C.L., sec. 3380; C.S., sec. 6347; am. 1929, ch. 255, sec. 1, p. 520; I.C.A., sec. 44-108; am. 1955, ch. 145, sec. 1, p. 286; am. 1967, ch. 272, sec. 10, p. 745.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-109 - LIEN TRANSFERS NO TITLE.

45-109. LIEN TRANSFERS NO TITLE. Notwithstanding an agreement to the contrary, a lien, or a contract for a lien, transfers no title to the property subject to the lien.
History:
[(45-109) R.S., sec. 3333; reen. R.C. & C.L., sec. 3381; C.S., sec. 6348; I.C.A., sec. 44-109.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-110 - CONTRACTS FOR FORFEITURE VOID.

45-110. CONTRACTS FOR FORFEITURE VOID. All contracts for the forfeiture of property subject to a lien, in satisfaction of the obligation secured thereby, and all contracts in restraint of the right of redemption from a lien, are void.
History:
[(45-110) R.S., sec. 3334; reen. R.C. & C.L., sec. 3382; C.S., sec. 6349; I.C.A., sec. 44-110.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-111 - PERSONAL OBLIGATION NOT IMPLIED.

45-111. PERSONAL OBLIGATION NOT IMPLIED. The creation of a lien does not of itself imply that any person is bound to perform the act for which the lien is a security.
History:
[(45-111) R.S., sec. 3335; reen. R.C. & C.L., sec. 3383; C.S., sec. 6350; I.C.A., sec. 44-111.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-112 - PRIORITY OF PURCHASE MONEY MORTGAGE.

45-112. PRIORITY OF PURCHASE MONEY MORTGAGE. A mortgage given for the price of real property, at the time of its conveyance, has priority over all other liens created against the purchaser, subject to the operation of the recording laws.
History:
[(45-112) R.S., sec. 3336; reen. R.C. & C.L., sec. 3384; C.S., sec. 6351; I.C.A., sec. 44-112.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-113 - RIGHT TO REDEEM FROM LIEN.

45-113. RIGHT TO REDEEM FROM LIEN. Every person, having an interest in property subject to a lien, has a right to redeem it from the lien, at any time after the claim is due, and before his right of redemption is foreclosed.
History:
[(45-113) R.S., sec. 3337; reen. R.C. & C.L., sec. 3385; C.S., sec. 6352; I.C.A., sec. 44-113.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-114 - RIGHTS OF JUNIOR LIENOR.

45-114. RIGHTS OF JUNIOR LIENOR. One who has a lien inferior to another, upon the same property, has a right:
1. To redeem the property in the same manner as its owner might, from the superior lien; and,
2. To be subrogated to all the benefits of the superior lien, when necessary for the protection of his interests upon satisfying the claim secured thereby.
History:
[(45-114) R.S., sec. 3338; reen. R.C. & C.L., sec. 3386; C.S., sec. 6353; I.C.A., sec. 44-114.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-115 - RESTORATION EXTINGUISHES LIEN.

45-115. RESTORATION EXTINGUISHES LIEN. The voluntary restoration of property to its owner by the holder of a lien thereon, dependent upon possession, extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it notwithstanding any such agreement, as to creditors of the owner and persons subsequently acquiring a title to the property, or a lien thereon, in good faith and for a good consideration.
History:
[(45-115) R.S., sec. 3339; reen. R.C. & C.L., sec. 3387; C.S., sec. 6354; I.C.A., sec. 44-115.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-116 - EFFECT OF MODIFICATION ON PRIORITY OF LIEN.

45-116. EFFECT OF MODIFICATION ON PRIORITY OF LIEN. (1) The lien of a mortgage and its priority shall not be affected by provisions in the mortgage instrument or in the note or other agreement evidencing the obligation that the mortgage secures, or by the exercise of such provisions by the mortgagee:
(a) which provide for the renegotiation or adjustment of the interest rate at designated intervals, the effect of which may be to increase or decrease the number of periodic payments to be made, or extend or shorten the terms of payment, or both; or
(b) which results in an increase in the underlying mortgage obligation during a portion of the designated term of the mortgage because of deferment of all or a portion of interest payments and the addition of such payments to the outstanding principal balance of the mortgage.
The mortgagee may issue new notes at designated intervals during the term of the mortgage to reflect the modifications described herein.
(2) The provisions of subsection (1) of this section shall apply where the terms of the obligation provide that the interest rate, payment terms, or balance due on the loan may be indexed, adjusted, renewed or renegotiated and the mortgage instrument received for recordation discloses that fact.
(3) As used in this section, the term "mortgage" includes deed of trust.
History:
[45-116, added 1982, ch. 245, sec. 1, p. 632.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 2 - UNIFORM FEDERAL LIEN REGISTRATIONS › Section 45-201 - SCOPE.

45-201. SCOPE. This chapter applies only to federal tax liens and to other federal liens notices of which under any act of congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens.
History:
[45-201, added 1979, ch. 226, sec. 2, p. 622.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 2 - UNIFORM FEDERAL LIEN REGISTRATIONS › Section 45-202 - PLACE OF FILING.

45-202. PLACE OF FILING. (a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this chapter.
(b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be recorded in the office of the county recorder of the county in which the real property subject to the liens is situated.
(c) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed or recorded as follows:
(1) If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the secretary of state;
(2) If the person against whose interest the lien applies is a trust that is not covered by paragraph (1) of this subsection, in the office of the secretary of state;
(3) If the person against whose interest the lien applies is the estate of a decedent, in the office of the secretary of state;
(4) In all other cases, in the office of the county recorder of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.
History:
[45-202, added 1979, ch. 226, sec. 2, p. 622; am. 1992, ch. 156, sec. 1, p. 510.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 2 - UNIFORM FEDERAL LIEN REGISTRATIONS › Section 45-203 - EXECUTION OF NOTICES AND CERTIFICATES.

45-203. EXECUTION OF NOTICES AND CERTIFICATES. Certification of notices of liens, certificates, or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgement is necessary.
History:
[45-203, added 1979, ch. 226, sec. 2, p. 622.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 2 - UNIFORM FEDERAL LIEN REGISTRATIONS › Section 45-204 - DUTIES OF FILING OFFICER.

45-204. DUTIES OF FILING OFFICER. (a) If a notice of federal lien, certificate or other notice affecting a federal lien is presented to the secretary of state, he shall file it in the same manner as if it were an equivalent document filed under part 4, chapter 9, title 28, Idaho Code.
(b) For purposes of the foregoing subsection (a), the following equivalencies between notices filed under this chapter and documents filed under part 4, chapter 9, title 28, Idaho Code, shall apply:
(1) Notice of federal lien: financing statement;
(2) Refiling of notice of federal lien: continuation statement;
(3) Certificate of discharge or subordination: release; and
(4) Certificate of release or nonattachment: termination statement.
(c) If a notice of federal lien, certificate or other notice affecting a federal lien is presented to the county recorder, he shall record it in the general lien records.
(d) Upon the request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this chapter for which the refiling period established by federal law has not passed without a refiling of notice, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. Upon request, the filing officer shall furnish a copy of any notice of federal lien, or notice or certificate affecting a federal lien. If the filing officer is the secretary of state, the fees for such certificate and copies shall be fixed by administrative rule. If the filing officer is the county recorder, the fees shall be as set forth in section 31-3205, Idaho Code.
(e) The secretary of state may by administrative rule provide for publication of a list of those notices of federal lien filed in his office which the filing federal agency has identified as relating to agricultural crops.
History:
[45-204, added 1992, ch. 156, sec. 3, p. 510.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 2 - UNIFORM FEDERAL LIEN REGISTRATIONS › Section 45-205 - FEES.

45-205. FEES. (a) If the filing officer is the secretary of state, the fee for filing each notice of lien or certificate or notice affecting the lien is six dollars ($6.00), except that there shall be no fee for a certificate of release or nonattachment.
(b) If the filing officer is the county recorder, the fee for recording each notice of lien or certificate or notice affecting the lien is the standard recording fee in section 31-3205, Idaho Code.
(c) The filing officer may bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents filed by them.
History:
[45-205, added 1992, ch. 156, sec. 4, p. 511.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 2 - UNIFORM FEDERAL LIEN REGISTRATIONS › Section 45-206 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

45-206. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
History:
[45-206, added 1979, ch. 226, sec. 2, p. 623.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 2 - UNIFORM FEDERAL LIEN REGISTRATIONS › Section 45-207 - SHORT TITLE.

45-207. SHORT TITLE. This chapter may be cited as the "Uniform Federal Lien Registration Law."
History:
[45-207, added 1979, ch. 226, sec. 2, p. 623.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-301 - PURPOSE AND SCOPE.

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 amount to the value of the seeds or labor used in the production of the crops, plus expenses incurred in obtaining recovery pursuant to this chapter.
History:
[45-301, added 1989, ch. 359, sec. 2, p. 901.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-302 - DEFINITIONS.

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 year" means the calendar year in which a crop would normally be harvested.
(4) "Crops" means products of the soil. As it relates to liens for seed, the term "crops" shall be limited to annual crops. As it relates to liens for farm labor, it shall include annual crops as well as fruits, berries, grapes and nursery products.
(5) "Person" means an individual, partnership, corporation, or association.
(6) "Producer" means a farm operator to whom a claimant has provided seed or farm labor.
(7) "Written notice" means information communicated to a person in writing by an authorized person or entity and may include electronic, facsimile, computer or equivalent media.
History:
[45-302, added 1989, ch. 359, sec. 2, p. 901; am. 1996, ch. 262, sec. 1, p. 863.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-303 - FARM LABORER’S LIEN.

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 same crop.
(3) A landlord’s interest in a crop produced on premises which are leased in consideration of a share of the crop is not subject to a farm laborer’s lien.
History:
[45-303, added 1989, ch. 359, sec. 2, p. 901.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-304 - SEED LIEN.

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 shall have priority over any security interest in the same crop, but shall be subordinate to a farm laborer’s lien in the same crop.
(3) A landlord’s interest in a crop produced on premises which are leased in consideration of a share of the crop is not subject to a seed lien.
History:
[45-304, added 1989, ch. 359, sec. 2, p. 901.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-307 - ATTACHMENT OF LIEN.

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 producer for the crop from any purchaser thereof.
History:
[45-307, added 1989, ch. 359, sec. 2, p. 902; am. 1991, ch. 217, sec. 1, p. 521.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-308 - NOTICE OF CLAIM OF LIEN.

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 filed before completion of the labor or delivery of the seed, there must exist a written or verbal contract for such labor or seed.
(2) The notice of claim of lien must include:
(a) The nature of the lien (farm laborer’s or seed);
(b) The name and address of the producer;
(c) The name and address of the claimant;
(d) The county or counties where the crop or crops covered by the lien are grown;
(e) The type(s) of crop (name of commodity) to which the lien applies;
(f) The crop year of the crop(s) to which the lien applies;
(g) Such other information as the secretary of state shall by administrative rule require; and
(h) The amount of claim exclusive of interest.
(3) The notice of claim of lien shall be signed by the claimant, his agent, or his attorney-in-fact, and the signer shall certify to the truth of the claim. Notarization is not required.
(4) The notice of claim of lien shall be filed on a standard form prescribed by the secretary of state. The form must satisfy the requirements of a farm products financing statement under section 28-9-502(e), Idaho Code, except that:
(a) The debtor may be identified as the producer;
(b) The secured party may be identified as the claimant;
(c) The debtor’s social security number, taxpayer identification number or other number unique to the debtor need not be included; and
(d) The debtor’s signature need not be included.
(5) A claimant shall give written notice of the claim to the producer.
History:
[45-308, added 1989, ch. 359, sec. 2, p. 902; am. 1996, ch. 262, sec. 2, p. 863; am. 2000, ch. 338, sec. 1, p. 1131; am. 2016, ch. 202, sec. 1, p. 572.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-308A - AMENDMENT OR ASSIGNMENT OF NOTICE.

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 number assigned by the secretary of state to the notice of claim of lien to be amended by the notice of amendment;
(b) The date of filing of the notice of claim of lien to be amended;
(c) The name of the claimant on the notice of claim of lien to be amended; and
(d) The information to be amended.
(2) A claimant may assign his rights under a lien and may give notice of the assignment by filing a notice of assignment with the secretary of state. The notice of assignment shall include:
(a) The file number assigned by the secretary of state to the notice of claim of lien to which the assignment pertains;
(b) The date of filing of the notice of claim of lien to which the assignment pertains;
(c) The name of the claimant on the notice of claim of lien to which the assignment pertains; and
(d) The name and address of the assignee.
(3) A notice of amendment or a notice of assignment shall be filed on a standard form prescribed by the secretary of state, and upon the same execution and fee conditions as apply to a notice of claim of lien.
History:
[45-308A, added 1997, ch. 35, sec. 1, p. 62.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-309 - CIVIL PENALTY FOR FALSE CLAIM.

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), whichever is greater, plus reasonable attorney’s fees and costs. If the claimant has failed to give written notice of a claim which is found to be false, to the producer as required by subsection (5) of section 45-308, Idaho Code, the claimant shall be liable for an additional penalty of five hundred dollars ($500).
(2) If the notice of claim of lien is signed by a person other than the claimant, and the claimant knows or has reason to believe the claim is false, the claimant and the person who signed the claim shall be jointly and severally liable for the amount described in subsection (1) of this section.
History:
[45-309, added 1989, ch. 359, sec. 2, p. 902; am. 1996, ch. 262, sec. 3, p. 864.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-310 - DURATION OF LIEN.

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 contain such information as the form prescribed by the secretary of state shall require, and shall be filed within sixty (60) days prior to the lapse of the original twelve (12) month period.
(2) A notice of claim of lien for seed remains in effect for sixteen (16) months from the date of filing. If a crop subject to a lien for seed is not harvested within ten (10) months after 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 contain such information as the form prescribed by the secretary of state shall require, and shall be filed within sixty (60) days prior to the lapse of the original sixteen (16) month period.
(3) Civil action to enforce a lien on crops shall be commenced within the periods set forth in subsections (1) and (2) of this section.
History:
[45-310, added 1989, ch. 359, sec. 2, p. 902; am. 2000, ch. 338, sec. 2, p. 1132.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-311 - DUTY TO RELEASE UPON SATISFACTION.

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 agent, or his attorney-in-fact.
(3) The notice of release shall be filed on a standard form prescribed by the secretary of state.
History:
[45-311, added 1989, ch. 359, sec. 2, p. 903.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-312 - LIST OF LIENS IN FARM CROPS.

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 secretary of state, but not less frequently than semimonthly.
(2) The list shall be published in a format established by administrative rule of the secretary of state, and may be in either complete form or in cumulative supplements to a complete list.
History:
[45-312, added 1989, ch. 359, sec. 2, p. 903.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-313 - LIEN SEARCH.

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 of lien.
(2) Upon the request of any person, the secretary of state shall provide, within twenty-four (24) hours (excluding weekends and holidays), a verbal listing of liens in crops as described in subsection (1) of this section, followed by the certificate.
(3) The secretary of state shall, by administrative rule, prescribe the standards and forms for the lien searches described in this section.
History:
[45-313, added 1989, ch. 359, sec. 2, p. 903.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-314 - WHEN BUYER TAKES FREE OF LIEN.

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 45-312, Idaho Code, takes free of a lien in crops if:
(a) When he purchases and pays for a crop, there is no notice of claim of lien in that crop on the current list of liens published under section 45-312, Idaho Code; and
(b) He has no actual notice of the existence of the lien.
As against buyers, a list is current until the third day after publication of the next list, or if mail is not delivered on that day, on the next day thereafter on which mail is delivered.
History:
[45-314, added 1989, ch. 359, sec. 2, p. 903.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-315 - DUTY OF BUYER.

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.
History:
[45-315, added 1989, ch. 359, sec. 2, p. 903.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-316 - ADMINISTRATIVE RULEMAKING.

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.
History:
[45-316, added 1989, ch. 359, sec. 2, p. 904.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-317 - EFFECTIVE DATE AND TRANSITION.

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’ offices under the prior law shall remain effective until the date they would normally expire under the prior law.
History:
[45-317, added 1989, ch. 359, sec. 2, p. 904.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 3 - LIENS IN CROPS › Section 45-318 - APPLICABILITY OF UNIFORM COMMERCIAL CODE.

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 commercial code article 9, secured transactions (chapter 9, title 28, Idaho Code). In the event of any conflict between the provisions of this chapter relating to perfection and the effect of perfection or nonperfection of any lien provided by this chapter and the provisions of chapter 9, title 28, Idaho Code, relating to those same issues, the provisions of chapter 9, title 28, Idaho Code, shall prevail, except that a claim of lien under this chapter will be deemed by the secretary of state to meet the requirements of a farm products financing statement under chapter 9, title 28, Idaho Code.
History:
[45-318, added 2001, ch. 208, sec. 25, p. 824; am. 2016, ch. 202, sec. 2, p. 572.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-401 - LIENS UPON SAW LOGS.

45-401. LIENS UPON SAW LOGS. Every person performing labor upon, or who shall assist in obtaining or securing, saw logs, spars, piles, cord wood, or other timber, has a lien upon the same for the work or labor done upon, or in obtaining or securing the same, whether such work or labor was done at the instance of the owner of the same or his agent. The cook shall be regarded as a person who assists in obtaining or securing the timber herein mentioned.
History:
[(45-401) 1893, p. 49, ch. 2, sec. 1; reen. 1899, p. 147, ch. 2, sec. 1; reen. R.C. & C.L., sec. 5125; C.S., sec. 7356; I.C.A., sec. 44-401.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-402 - LIEN ON LUMBER MADE FROM SAW LOGS.

45-402. LIEN ON LUMBER MADE FROM SAW LOGS. Every person performing labor upon, or who shall assist in manufacturing saw logs into lumber, has a lien upon such lumber while the same remains at the mill where manufactured, whether such work or labor was done at the instance of the owner of such logs or of his agents.
History:
[(45-402) 1893, p. 49, ch. 2, sec. 2; reen. 1899, p. 147, ch. 2, sec. 2; reen. R.C. & C.L., sec. 5126; C.S., sec. 7357; I.C.A., sec. 44-402.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-403 - LIEN FOR PURCHASE PRICE UPON LOGS.

45-403. LIEN FOR PURCHASE PRICE UPON LOGS. Any person who shall permit another to go upon his timber land and cut thereon saw logs, spars, piles, cord wood or other timber, has a lien upon such logs, spars, piles, cord wood and timber, for the price agreed to be paid for such privilege, or for the price such privilege would be reasonably worth in case there was no express agreement fixing the price.
History:
[(45-403) 1893, p. 49, ch. 2, sec. 3; reen. 1899, p. 147, ch. 2, sec. 3; reen. R.C. & C.L., sec. 5127; C.S., sec. 7358; I.C.A., sec. 44-403.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-404 - LIENS PREFERRED TO OTHER LIENS.

45-404. LIENS PREFERRED TO OTHER LIENS. The liens provided for in this chapter are prior to any other liens, and no sale or transfer of any saw logs, spars, piles, cord wood or other timber or manufactured lumber shall divest the lien thereon as herein provided, and such lien shall follow such property into any county in this state into which the same may be removed: provided, notice of such lien shall have been filed in such county.
History:
[(45-404) 1893, p. 49, ch. 2, sec. 4; reen. 1899, p. 147, ch. 2, sec. 4; reen. R.C. & C.L., sec. 5128; C.S., sec. 7359; I.C.A., sec. 44-404.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-405 - TIME FOR FILING LIEN FOR WORK OR LABOR.

45-405. TIME FOR FILING LIEN FOR WORK OR LABOR. The person rendering the service or doing the work or labor named in sections 45-401 and 45-402[, Idaho Code,] is only entitled to the liens as provided herein for services, work or labor, for the period of eight (8) calendar months next preceding the filing of the claim, as provided in section 45-407[, Idaho Code].
History:
[(45-405) 1893, p. 49, ch. 2, sec. 5; reen. 1899, p. 147, ch. 2, sec. 5; reen. R.C. & C.L., sec. 5129; C.S., sec. 7360; I.C.A., sec. 44-405.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-406 - TIME FOR FILING LIENS FOR PURCHASE PRICE.

45-406. TIME FOR FILING LIENS FOR PURCHASE PRICE. The person granting the privilege mentioned in section 45-403[, Idaho Code,] is entitled to the lien as provided therein for saw logs, spars, piles, cord wood and other timber, cut during the eight (8) months next preceding the filing of the claim, as provided in the next succeeding section.
History:
[(45-406) 1893, p. 49, ch. 2, sec. 6; reen. 1899, p. 147, ch. 2, sec. 6; reen. R.C. & C.L., sec. 5130; C.S., sec. 7361; I.C.A., sec. 44-406.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-407 - CLAIM OF LIEN FOR WORK OR LABOR.

45-407. CLAIM OF LIEN FOR WORK OR LABOR. Every person, within sixty (60) days after the close of the rendition of the services, or after the close of the work or labor mentioned in sections 45-401 and 45-402, Idaho Code, claiming the benefit hereof, must file for record with the county recorder of the county in which such saw logs, spars, piles, cordwood or other timber was cut, or in which such lumber was manufactured, or, if removed to another county, then in such county, a notice of claim containing a statement of his demand, and the amount thereof, after deducting, as near as possible, all just credits and offsets, with the name of the person by whom he was employed. The notice of claim shall state what such service, work or labor is reasonably worth; and it shall also contain a description of the property to be charged with the lien, sufficient for identification, with reasonable certainty, which notice of claim must be verified by the oath of himself, his agent or attorney, to the effect that the affiant believes the same to be true. Such notice of claim shall be substantially in the following form:
…. claimant, vs. ….
Notice is hereby given that …. of …. county, state of Idaho, claims a lien upon a …. of …. being about …. in quantity, which were cut in …. county, state of Idaho, are marked thus …., and are now lying in …. for labor performed upon and assistance rendered in …. said ….; that the name of the owner or reputed owner is ….; that …. employed said …. to perform such labor and render such assistance upon the following terms, to wit: The said …. agreed to pay the said …. for such labor and assistance ….; that said contract has been faithfully performed and fully complied with on the part of said …., who performed labor upon and assisted in …. said …. for the period of …. that said labor and assistance were so performed and rendered upon said …. between the …. day of …. and the …. day of …., and the rendition of said services was closed on the …. day of …. and …. days have not elapsed since that time; that the amount of claimant’s demand for said services is ….; that no part thereof has been paid except …., and there is now due and unpaid thereon, after deducting all just credits and offsets, the sum of …., in which amount he claims a lien upon said …..
State of Idaho, …. county, ss.
…., being first duly sworn, on oath says that he is …. named in the foregoing claim, has heard the same read and knows the contents thereof, and believes the same to be true …..
Subscribed and sworn to before me this …. day of …., …..
History:
[(45-407) 1893, p. 49, ch. 2, sec. 7; reen. 1899, p. 147, ch. 2, sec. 7; reen. R.C. & C.L., sec. 5131; C.S., sec. 7362; I.C.A., sec. 44-407; am. 2002, ch. 32, sec. 17, p. 55.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-408 - CLAIM OF LIEN FOR PURCHASE PRICE.

45-408. CLAIM OF LIEN FOR PURCHASE PRICE. Every person mentioned in section 45-403[, Idaho Code,] claiming the benefit hereof, must, within ninety (90) days after such cutting, file for record with the county recorder of the county in which such saw logs, spars, piles, cord wood or other timber was cut, a claim in substance the same as provided in the next preceding section, and verified as therein provided.
History:
[(45-408) 1893, p. 49, ch. 2, sec. 8; reen. 1899, p. 147, ch. 2, sec. 8; reen. R.C. & C.L., sec. 5132; C.S., sec. 7363; I.C.A., sec. 44-408.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-409 - RECORD OF CLAIMS.

45-409. RECORD OF CLAIMS. The county recorder must record any claim filed under this chapter in a book kept by him for that purpose, which record must be indexed as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are allowed by law for recording deeds or other instruments.
History:
[(45-409) 1893, p. 49, ch. 2, sec. 9; reen. 1899, p. 147, ch. 2, sec. 9; reen. R.C. & C.L., sec. 5133; C.S., sec. 7364; I.C.A., sec. 44-409.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-410 - DURATION OF LIEN.

45-410. DURATION OF LIEN. No lien provided for in this chapter binds any saw logs, spars, piles, cord wood or other timber, or any lumber, for a longer period than six (6) calendar months after the claim as herein provided has been filed, unless a civil action be commenced in a proper court within that time to enforce the same.
History:
[(45-410) 1893, p. 49, ch. 2, sec. 10; reen. 1899, p. 147, ch. 2, sec. 10; reen. R.C. & C.L., sec. 5134; C.S., sec. 7365; I.C.A., sec. 44-410.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-411 - RULES OF PRACTICE AND APPEALS.

45-411. RULES OF PRACTICE AND APPEALS. Except as otherwise provided in this chapter the provisions of this code relating to civil actions, new trials and appeals are applicable to, and constitute the rules of practice in the proceedings mentioned in this chapter.
History:
[(45-411) 1893, p. 49, ch. 2, sec. 11; reen. 1899, p. 147, ch. 2, sec. 11; reen. R.C. & C.L., sec. 5135; C.S., sec. 7366; I.C.A., sec. 44-411.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-412 - ENFORCEMENT AGAINST WHOLE OR PART OF PROPERTY.

45-412. ENFORCEMENT AGAINST WHOLE OR PART OF PROPERTY. Any person who shall bring a civil action to enforce the lien as herein provided for, or any person having a lien as herein provided for, who shall be made a party to any such civil action, has a right to demand that such lien be enforced against the whole or any part of the saw logs, spars, piles, cord wood or other timber or manufactured lumber, upon which he has performed labor or which he has assisted in obtaining or securing, or which has been cut on his timber land during the eight (8) months mentioned in sections 45-405 and 45-406[, Idaho Code], for all his labor upon, or for all his assistance in obtaining or securing, said logs, spars, piles, cord wood or other timber, or in manufacturing said lumber during the whole or any part of the eight (8) months mentioned in section 45-405[, Idaho Code], or for timber cut during the whole or any part of the eight (8) months mentioned in section 45-406[, Idaho Code].
History:
[(45-412) 1893, p. 49, ch. 2, sec. 12; reen. 1899, p. 147, ch. 2, sec. 12; reen. R.C. & C.L., sec. 5136; C.S., sec. 7367; I.C.A., sec. 44-412.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-413 - JOINDER OF ACTIONS — FILING FEES AS COSTS — ATTORNEY’S FEES.

45-413. 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 for filing and recording the claim, and a reasonable attorney’s fee for each person claiming a lien.
History:
[(45-413) 1893, p. 49, ch. 2, sec. 13; reen. 1899, p. 147, ch. 2, sec. 13; reen. R.C. & C.L., sec. 5137; C.S., sec. 7368; I.C.A., sec. 44-413.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-414 - ENFORCEMENT OF JUDGMENTS — APPORTIONMENT OF PROCEEDS.

45-414. ENFORCEMENT OF JUDGMENTS — APPORTIONMENT OF PROCEEDS. In such civil action judgments must be rendered in favor of each person having a lien for the amount due to him, and the court or judge thereof shall order any property subject to the lien herein provided for, to be sold by the sheriff of the proper county in the same manner that personal property is sold on execution, and the court or judge shall apportion the proceeds of such sale for the payment of each judgment pro rata, according to the amount of such judgment.
History:
[(45-414) 1893, p. 49, ch. 2, sec. 14; reen. 1899, p. 147, ch. 2, sec. 14; reen. R.C. & C.L., sec. 5138; C.S., sec. 7369; I.C.A., sec. 44-414.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-415 - PROPERTY MAY BE SOLD AS PERSONALTY.

45-415. PROPERTY MAY BE SOLD AS PERSONALTY. The court or judge may order any property subject to a lien as in this chapter provided, to be sold by the sheriff as personal property is sold on execution, either before or at the time judgment is rendered as provided in the section next preceding, and the proceeds of such sale must be paid into court to be applied as in such section directed.
History:
[(45-415) 1893, p. 49, ch. 2, sec. 15; reen. 1899, p. 147, ch. 2, sec. 15; reen. R.C. & C.L., sec. 5139; C.S., sec. 7370; I.C.A., sec. 44-415.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-416 - INTERFERENCE WITH PROPERTY SUBJECT TO LIEN — LIABILITY TO LIENHOLDER.

45-416. INTERFERENCE WITH PROPERTY SUBJECT TO LIEN — LIABILITY TO LIENHOLDER. Any person who shall injure, impair or destroy, or who shall render difficult, uncertain or impossible of identification, any saw logs, spars, piles, cord wood or other timber, upon which there is a lien as herein provided, without the express consent of the person entitled to such lien, shall be liable to the lienholder for the damages to the amount secured by his lien, plus reasonable attorney’s fees to be fixed by the court, which may be recovered by civil action against such person.
History:
[(45-416) 1893, p. 49, ch. 2, sec. 16; reen. 1899, p. 147, ch. 2, sec. 16; reen. R.C. & C.L., sec. 5140; C.S., sec. 7371; am. 1923, ch. 156, sec. 1, p. 227; I.C.A., sec. 44-416.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 4 - LOGGERS’ LIENS › Section 45-417 - INTERFERENCE WITH PROPERTY SUBJECT TO LIEN — PENALTY — BOND.

45-417. INTERFERENCE WITH PROPERTY SUBJECT TO LIEN — PENALTY — BOND. Any person or persons who shall, after the filing for record in the county recorder’s office in the county of which said labor was performed, or in which said logs, spars, piles, cord wood or other timber are located, of a claim of lien as in this chapter provided, remove, dispose of, injure, impair or destroy or who shall render difficult, uncertain or impossible of identification any such saw logs, spars, piles, cord wood, or other timber products upon which there is a lien as herein provided, or any person or persons who shall aid or assist in doing any of the acts above prohibited shall be guilty of a misdemeanor and upon conviction may be imprisoned in the county jail for not more than six (6) months or shall be fined not less than $100 nor more than $300, or shall suffer both such fine and imprisonment in the discretion of the court, unless prior to such removing, disposing of, injuring, impairing, or destroying, or rendering uncertain or impossible of identification, a bond in double the amount of the lien claim, said bond to be approved by the clerk of the district court and running to the lien claimant or claimants, the condition of said bond being that the owner of said logs or other timber products liened upon will pay any judgment, including costs and reasonable attorney fees to be assessed by the court, rendered in favor of such lien claimant or claimants, shall be filed with the county auditor of the county where said lien is filed or in lieu of said bond, as the case may be, deposit with said auditor a sum equal to double the amount claimed in said lien.
History:
[(45-417) C.S., sec. 7371A, as added by 1923, ch. 156, sec. 2, p. 227; I.C.A., sec. 44-417.]