reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-537. Acknowledgment of satisfaction of lien -- penalty

71-3-537. Acknowledgment of satisfaction of lien -- penalty.
Whenever any indebtedness that is a lien upon any real estate, structure, building, or other improvement is paid and satisfied, it is the duty of the creditors to acknowledge satisfaction of the indebtedness in the same manner as a mortgage. If a creditor fails to acknowledge satisfaction, the creditor is liable to any person injured by the failure to the amount of the injury and the costs of action.
History: En. Sec. 841, 5th Div. Rev. Stat. 1879; re-en. Sec. 1385, 5th Div. Comp. Stat. 1887; amd. Sec. 2141, C. Civ. Proc. 1895; re-en. Sec. 7301, Rev. C. 1907; re-en. Sec. 8350, R.C.M. 1921; re-en. Sec. 8350, R.C.M. 1935; R.C.M. 1947, 45-512; Sec. 71-3-515, MCA 1985; redes. 71-3-537 by Code Commissioner, 1987; amd. Sec. 2278, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-538. Release of notice of right to claim lien

71-3-538. Release of notice of right to claim lien.
(1) A person who has filed a notice of the right to claim a lien shall file a release of the notice of the right to claim a lien when the person is paid for the services and materials that are the subject of the notice of the right to claim a lien.
(2) If a person subject to the provisions of subsection (1) has been paid for the services and materials pursuant to a real estate improvement contract, the person shall file a release of the notice of the right to claim a lien within 5 business days of the contracting owner's request that the release be filed.
(3) The release must be filed with the clerk and recorder of the county in which the improved real estate is located and must include:
(a) the clerk and recorder's file number of the notice of the right to claim a lien;
(b) the date on which the notice of the right to claim a lien was filed; and
(c) the name of the person to whom the notice of the right to claim a lien was given.
(4) The release must be signed by the person who filed the notice of the right to claim a lien or by a person authorized to sign for the person who filed the notice of the right to claim a lien.
History: En. Sec. 2, Ch. 182, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-541. Priority among holders of construction liens

71-3-541. Priority among holders of construction liens.
(1) There is equal priority between or among construction lien claimants who contribute to the same real estate improvement project, regardless of the date on which each lien claimant first contributed services or materials and regardless of the date on which the claimant filed the notice of lien. When the proceeds of a foreclosure sale are not sufficient to pay all construction lien claimants in full, each claimant must receive a pro rata share of the proceeds based on the amount of the claimant's respective lien.
(2) Construction liens attaching at different times have priority in the order of attachment.
History: En. Sec. 11, Ch. 202, L. 1987; amd. Sec. 2279, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-542. Priority of construction liens as against claims other than construction lien claims

71-3-542. Priority of construction liens as against claims other than construction lien claims.
(1) A construction lien arising under this part has priority over any other interest, lien, mortgage, or encumbrance that may attach to the building, structure, or improvement or on the real property on which the building, structure, or improvement is located and that is filed after the construction lien attaches.
(2) An interest, lien, mortgage, or encumbrance that is filed before the construction lien attaches has priority over a construction lien arising under this part, except as provided in subsections (3) and (4).
(3) A construction lien has priority, to the extent of the value of the work or improvement that is severable, over an interest, lien, mortgage, or encumbrance that is filed before the construction lien attaches. If the work or improvement may be removed without harm to the rest of the real property, the lienholder may have the value determined, the work or improvement sold separately on foreclosure, and the proceeds delivered to the lienholder to satisfy the construction lien.
(4) A construction lien has priority over any interest, lien, mortgage, or encumbrance that is filed before the construction lien attaches if that interest, lien, mortgage, or encumbrance was taken to secure advances made for the purpose of paying for the particular real estate improvement to which the lien was attached.
History: En. Sec. 12, Ch. 202, L. 1987; amd. Sec. 2280, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-551. Substitution of bond allowed -- filing -- amount -- condition

71-3-551. Substitution of bond allowed -- filing -- amount -- condition.
(1) (a) Whenever a construction lien has been filed on real property, entities as provided in subsection (1)(b) may, at any time before the lien claimant has commenced an action to foreclose the construction lien or within 30 days of the service of a complaint in an action to foreclose the construction lien, file a bond with the clerk of the district court in the county in which the property is located or, if the property is located in more than one county, with the clerk of the district court of any county in which a part of the property is located.
(b) The following persons may file a bond as provided in subsection (1)(a):
(i) the contracting owner of any interest in the property, whether legal or beneficial;
(ii) the original contractor as defined in 71-3-522; or
(iii) any subcontractor.
(2) The bond must be in an amount 1 1/2 times the amount of the construction lien and must be either in cash or written by a corporate surety company. If written by a corporate surety, the bond must be approved by a judge of the district court with which the bond is filed.
(3) The bond must be conditioned that if the construction lien claimant is finally adjudged to be entitled to recover on the claim on which the construction lien is based, the principal or the principal's sureties shall pay to the claimant the amount of the claimant's judgment, together with any interest, costs, attorney fees, and other sums that the claimant would be entitled to recover on the foreclosure of a construction lien against the principal. However, the total amount paid by the principal or the principal's sureties may not exceed the amount of the bond provided for in subsection (2).
History: En. Sec. 1, Ch. 338, L. 1971; R.C.M. 1947, 45-513; amd. Sec. 14, Ch. 202, L. 1987; Sec. 71-3-516, MCA 1985; redes. 71-3-551 by Code Commissioner, 1987; amd. Sec. 1, Ch. 204, L. 2007; amd. Sec. 1, Ch. 407, L. 2023.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-552. Lien discharged upon filing of bond

71-3-552. Lien discharged upon filing of bond.
Upon the filing of a bond as provided in 71-3-551, the lien against the real property shall forthwith be discharged and released in full and the bond shall be substituted for such lien.
History: En. Sec. 2, Ch. 338, L. 1971; R.C.M. 1947, 45-514; Sec. 71-3-517, MCA 1985; redes. 71-3-552 by Code Commissioner, 1987.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-553. Action upon bond -- period of limitation same

71-3-553. Action upon bond -- period of limitation same.
(1) When a bond is filed prior to the service of a complaint in an action to foreclose upon a construction lien as allowed in 71-3-551, the person filing the construction lien may bring an action upon the bond.
(2) The action must be commenced within the time allowed for the commencement of an action upon foreclosure of a lien, and the statute of limitations applicable to a lien foreclosure applies to an action upon the bond as it would had a bond not been filed.
History: En. Sec. 3, Ch. 338, L. 1971; R.C.M. 1947, 45-515; Sec. 71-3-518, MCA 1985; redes. 71-3-553 by Code Commissioner, 1987; amd. Sec. 2, Ch. 204, L. 2007.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-561. Parties

71-3-561. Parties.
All persons interested in the matter in controversy or in property charged with the lien or having liens thereon may be made parties.
History: En. Sec. 2138, C. Civ. Proc. 1895; re-en. Sec. 7298, Rev. C. 1907; re-en. Sec. 8347, R.C.M. 1921; re-en. Sec. 8347, R.C.M. 1935; R.C.M. 1947, 45-509; Sec. 71-3-504, MCA 1985; redes. 71-3-561 by Code Commissioner, 1987.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-562. Limitation on actions

71-3-562. Limitation on actions.
All actions under this part must be commenced within 2 years from the date of the filing of the lien.
History: En. Sec. 2139, C. Civ. Proc. 1895; re-en. Sec. 7299, Rev. C. 1907; amd. Sec. 1, Ch. 127, L. 1921; re-en. Sec. 8348, R.C.M. 1921; re-en. Sec. 8348, R.C.M. 1935; R.C.M. 1947, 45-510; Sec. 71-3-505, MCA 1985; redes. 71-3-562 by Code Commissioner, 1987.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-563. Rules of practice

71-3-563. Rules of practice.
(1) Except as otherwise provided in this part, the provisions of Title 25 are applicable to and constitute the rules of practice in the proceedings mentioned in this part.
(2) The provisions of Title 25 relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this part, apply to the proceedings mentioned in this part.
History: (1)En. Sec. 2136, C. Civ. Proc. 1895; re-en. Sec. 7296, Rev. C. 1907; re-en. Sec. 8345, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1198; re-en. Sec. 8345, R.C.M. 1935; Sec. 45-507, R.C.M. 1947; (2)En. Sec. 2137, C. Civ. Proc. 1895; re-en. Sec. 7297, Rev. C. 1907; re-en. Sec. 8346, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1199; re-en. Sec. 8346, R.C.M. 1935; Sec. 45-508, R.C.M. 1947; R.C.M. 1947, 45-507, 45-508; Sec. 71-3-519, MCA 1985; redes. 71-3-563 by Code Commissioner, 1987.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-564. Arbitration of lien disputes

71-3-564. Arbitration of lien disputes.
(1) The parties to a construction lien created under this part may agree prior to the creation of the construction lien or at any time after the construction lien is created to enter into arbitration if a dispute arises between the parties with respect to the construction lien. Arbitration entered into pursuant to this section is subject to the Uniform Arbitration Act, Title 27, chapter 5.
(2) The provisions of subsection (1) do not prohibit a party from substituting a bond for the construction lien as provided in 71-3-551. Upon the filing of the bond, the construction lien is discharged as provided in 71-3-552. The parties may continue with arbitration if they agree to do so.
History: En. Sec. 1, Ch. 152, L. 2013.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 6. Loggers' Liens › 71-3-601. Definition of lumber -- who may have lien

71-3-601. Definition of lumber -- who may have lien.
(1) The term "lumber", as used in this part, means all logs or other timber sawed or split for use, including beams, joists, planks, boards, shingles, laths, staves, hoops, and every article of any nature or description manufactured from sawlogs or other timber.
(2) A person, general partnership, limited partnership, corporation, or association performing labor done upon or that assists in obtaining or securing sawlogs, piling, railroad ties, cordwood, or other timber has a lien upon the product and upon all other sawlogs, piling, railroad ties, cordwood, or other timber that at the time of the filing of the claim or lien provided for in subsection (3) belonged to the person or corporation for whom the labor was performed for the work or labor done upon or in obtaining or securing the particular sawlogs, piling, railroad ties, cordwood, or other timber described in the claim or lien. The lien exists whether the work or labor was done at the request of the owner, the owner's agent, a contractor or subcontractor, or any person on behalf of the owner or the owner's agent or a contractor or subcontractor. The cook in a logging camp must be regarded as a person who assists in obtaining or securing any of the timber mentioned in this subsection.
(3) A person performing work or labor or assisting in manufacturing sawlogs and other timber into lumber and shingles has a lien upon the lumber while the lumber remains at the mill where it was manufactured or in the possession or under the control of the manufacturer, whether the work or labor was done at the request of the owner of the logs, the owner's agent, or any contractor or subcontractor of the owner.
(4) A person who permits another to go upon the person's timberland and cut sawlogs, piling, railroad ties, cordwood, or other timber has a lien upon the sawlogs, piling, railroad ties, cordwood, or other timber for the price agreed to be paid for the privilege or for the price the privilege would be reasonably worth if there was no express agreement fixing the price.
History: (1), (3)En. Sec. 2, p. 127, L. 1899; re-en. Sec. 5820, Rev. C. 1907; re-en. Sec. 8319, R.C.M. 1921; re-en. Sec. 8319, R.C.M. 1935; Sec. 45-402, R.C.M. 1947; (2)En. Sec. 1, p. 126, L. 1899; re-en. Sec. 5819, Rev. C. 1907; amd. Sec. 1, Ch. 60, L. 1909; re-en. Sec. 8318, R.C.M. 1921; Cal. Civ. C. Sec. 3065; re-en. Sec. 8318, R.C.M. 1935; amd. Sec. 1, Ch. 59, L. 1967; Sec. 45-401, R.C.M. 1947; (4)En. Sec. 3, p. 127, L. 1899; re-en. Sec. 5821, Rev. C. 1907; re-en. Sec. 8320, R.C.M. 1921; re-en. Sec. 8320, R.C.M. 1935; Sec. 45-403, R.C.M. 1947; R.C.M. 1947, 45-401, 45-402, 45-403; amd. Sec. 2281, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 6. Loggers' Liens › 71-3-602. Priority

71-3-602. Priority.
The liens provided for in this part are preferred liens and prior to any other liens, and no sale or transfer of any sawlogs, piling, railroad ties, cordwood, or other timber or manufactured lumber or shingles shall divest the lien thereon as herein provided, and as between liens provided for in this part, those for work and labor shall be preferred. As between liens for work and labor claimed by several laborers on the same logs or lot of logs, the claims for work and labor done or performed on the identical logs proceeded against to the extent that said logs can be identified shall be preferred as against the general claims of liens for work and labor recognized and provided for in this part.
History: En. Sec. 4, p. 127, L. 1899; re-en. Sec. 5822, Rev. C. 1907; re-en. Sec. 8321, R.C.M. 1921; re-en. Sec. 8321, R.C.M. 1935; R.C.M. 1947, 45-404.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 6. Loggers' Liens › 71-3-603. Extent of liens

71-3-603. Extent of liens.
(1) The person rendering the service or doing the work or labor named in 71-3-601(1) through (3) is only entitled to the liens as provided herein for services, work, or labor for the period of 3 calendar months, or any part thereof next preceding the filing of the claim, as provided in 71-3-605.
(2) The person granting the privilege mentioned in 71-3-601(4) is only entitled to the lien as provided therein for sawlogs, piling, railroad ties, cordwood, or other timber cut during the 3 months next preceding the filing of the claim, as provided in 71-3-606.
History: (1)En. Sec. 5, p. 128, L. 1899; re-en. Sec. 5823, Rev. C. 1907; re-en. Sec. 8322, R.C.M. 1921; re-en. Sec. 8322, R.C.M. 1935; Sec. 45-405, R.C.M. 1947; (2)En. Sec. 6, p. 128, L. 1899; re-en. Sec. 5824, Rev. C. 1907; re-en. Sec. 8323, R.C.M. 1921; re-en. Sec. 8323, R.C.M. 1935; Sec. 45-406, R.C.M. 1947; R.C.M. 1947, 45-405, 45-406; amd. Sec. 132, Ch. 370, L. 1987.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 6. Loggers' Liens › 71-3-604. Duration of lien

71-3-604. Duration of lien.
No lien provided for in this part binds any sawlogs, piling, railroad ties, cordwood, or other timber or lumber and shingles for a longer period than 8 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. However, in case such civil action so commenced should for any cause, other than the merits, be dismissed, then the lien shall continue for the term of 1 calendar month, if the 8 months have expired to permit the commencement of another action thereon, which shall be as effective in prolonging the lien as if it had been entered during the term of 8 months hereinbefore stated.
History: En. Sec. 10, p. 129, L. 1899; re-en. Sec. 5828, Rev. C. 1907; re-en. Sec. 8327, R.C.M. 1921; re-en. Sec. 8327, R.C.M. 1935; R.C.M. 1947, 45-410.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 6. Loggers' Liens › 71-3-606. Claim for lien of landowner same

71-3-606. Claim for lien of landowner same.
Every person mentioned in 71-3-601(4) claiming the benefit must file for record with the county clerk of the county in which such sawlogs, piling, railroad ties, cordwood, or other timber were cut a claim in substance the same as provided in 71-3-605 and verified as therein provided.
History: En. Sec. 8, p. 129, L. 1899; re-en. Sec. 5826, Rev. C. 1907; re-en. Sec. 8325, R.C.M. 1921; re-en. Sec. 8325, R.C.M. 1935; R.C.M. 1947, 45-408.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 6. Loggers' Liens › 71-3-607. Immaterial defects in claim

71-3-607. Immaterial defects in claim.
No mistake or error in the statement of the demand or of the amount of credits and offsets allowed or of the balance asserted to be due to claimant or in the description of the property against which the claim is filed shall invalidate the lien unless the court finds that such mistake or error in the statement of the demand, credits and offsets, or of the balance due was made with intent to defraud or the court shall find that an innocent third party without notice, actual or constructive, has, since the claim was filed, become a bona fide owner of the property subject to the lien and that the notice of claim was so deficient that it did not put the party upon further inquiry in any manner.
History: En. Sec. 13, p. 130, L. 1899; re-en. Sec. 5831, Rev. C. 1907; re-en. Sec. 8330, R.C.M. 1921; re-en. Sec. 8330, R.C.M. 1935; R.C.M. 1947, 45-413.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 6. Loggers' Liens › 71-3-608. Duties of county clerk

71-3-608. Duties of county clerk.
The county clerk shall file any claim presented under the provisions of this part, endorse on the claim the time of receipt, keep the claim in the clerk's office for the inspection of all persons, and enter in a book, properly ruled and kept for that purpose, the names of all the parties, alphabetically arranged, the amount of the lien, and the time of filing the lien.
History: En. Sec. 9, p. 129, L. 1899; re-en. Sec. 5827, Rev. C. 1907; re-en. Sec. 8326, R.C.M. 1921; re-en. Sec. 8326, R.C.M. 1935; R.C.M. 1947, 45-409; amd. Sec. 2283, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 6. Loggers' Liens › 71-3-611. Enforcement of lien

71-3-611. Enforcement of lien.
(1) The liens provided for in this part must be enforced by a civil action in the district court of the county in which the lien was filed and must be governed by the laws regulating the proceedings in civil actions relating to the mode and manner of trial and the proceedings and laws to secure property so as to hold it for the satisfaction of any lien that may be against it.
(2) A person who brings a civil action to enforce the lien, a person having a lien, or a person who is made a party to any civil action has the right to demand that the lien be enforced against the whole or any part of the sawlogs, piling, railroad ties, cordwood, or other timber or manufactured lumber or shingles upon which the person has performed labor, that the person has assisted in securing or obtaining, or that the person has cut on the person's timberland, any of which occurred during the 3 months preceding the filing of the person's lien, for all the person's labor upon or for all the person's assistance in obtaining or securing the sawlogs, piling, railroad ties, cordwood, or other timber or in manufacturing the lumber into shingles during the whole or any part of the 3 months mentioned in 71-3-603 or for timber cut during the whole or any part of the 3 months.
(3) When proceedings are commenced against any lot of sawlogs, piling, railroad ties, cordwood, or other timber or lumber or shingles and some of the lienors claim liens against these specific sawlogs, piling, railroad ties, cordwood, or other timber or lumber or shingles proceeded against and others against the same generally to secure their claim for work and labor, the priority of the liens must be determined as provided in this part.
History: (1)En. Sec. 11, p. 130, L. 1899; re-en. Sec. 5829, Rev. C. 1907; re-en. Sec. 8328, R.C.M. 1921; re-en. Sec. 8328, R.C.M. 1935; Sec. 45-411, R.C.M. 1947; (2), (3)En. Sec. 12, p. 130, L. 1899; re-en. Sec. 5830, Rev. C. 1907; re-en. Sec. 8329, R.C.M. 1921; re-en. Sec. 8329, R.C.M. 1935; Sec. 45-412, R.C.M. 1947; R.C.M. 1947, 45-411, 45-412; amd. Sec. 133, Ch. 370, L. 1987; amd. Sec. 2284, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 6. Loggers' Liens › 71-3-612. Requirements to be bona fide purchaser

71-3-612. Requirements to be bona fide purchaser.
It must be conclusively presumed by the court that a party purchasing the property subject to the lien within the 30 days given in this part to claimants in which to file their liens is not an innocent third party nor that the party has become a bona fide owner of the property subject to the lien unless it appears that the party has paid full value for the property and has seen that the purchase money of the property has been applied to the payment of bona fide claims that are entitled to liens upon the same property under the provisions of this part, according to the priorities established in this part.
History: En. Sec. 14, p. 131, L. 1899; re-en. Sec. 5832, Rev. C. 1907; re-en. Sec. 8331, R.C.M. 1921; re-en. Sec. 8331, R.C.M. 1935; R.C.M. 1947, 45-414; amd. Sec. 2285, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 6. Loggers' Liens › 71-3-613. Parties

71-3-613. Parties.
Any number of persons claiming liens under this part may join in the affidavit in 71-3-605 and may join in the same action and when separate actions are commenced, the court may consolidate them.
History: En. Sec. 15, p. 131, L. 1899; re-en. Sec. 5833, Rev. C. 1907; re-en. Sec. 8332, R.C.M. 1921; re-en. Sec. 8332, R.C.M. 1935; R.C.M. 1947, 45-415(part).
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 6. Loggers' Liens › 71-3-614. Judgment and execution

71-3-614. Judgment and execution.
In each civil action, judgment must be rendered in favor of each person having a lien for the amount due to the person, and the court shall order any property subject to the lien to be sold by the sheriff of the proper county in the same manner that personal property is sold on execution. The court shall apportion the proceeds of the sale to the payment of each judgment according to the priorities established in this part, pro rata in its class, according to the amount of each judgment.
History: En. Sec. 16, p. 131, L. 1899; re-en. Sec. 5834, Rev. C. 1907; re-en. Sec. 8333, R.C.M. 1921; re-en. Sec. 8333, R.C.M. 1935; R.C.M. 1947, 45-416; amd. Sec. 2286, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 6. Loggers' Liens › 71-3-615. Sale of property to satisfy lien

71-3-615. Sale of property to satisfy lien.
The court may order any property subject to a lien as provided in this part 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 71-3-614, and the proceeds of such sale must be paid into court to be applied as directed in 71-3-614.
History: En. Sec. 17, p. 132, L. 1899; re-en. Sec. 5835, Rev. C. 1907; re-en. Sec. 8334, R.C.M. 1921; re-en. Sec. 8334, R.C.M. 1935; R.C.M. 1947, 45-417.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 6. Loggers' Liens › 71-3-616. Penalty for destroying means of identification of property

71-3-616. Penalty for destroying means of identification of property.
A person who removes, injures, or destroys or who renders difficult, uncertain, or impossible of identification any sawlogs, piling, railroad ties, cordwood, shingles, or other timber upon which there is a lien as provided in this part without the express consent of the person entitled to the lien is liable to a lienholder for the damages to the amount secured by the lienholder's lien. If damage is shown to the court in a civil action to enforce the lien, the court shall enter a personal judgment for the amount in the action against the person, if the person is a party to the action, or the damages may be recovered by a civil action against that person.
History: En. Sec. 18, p. 132, L. 1899; re-en. Sec. 5836, Rev. C. 1907; re-en. Sec. 8335, R.C.M. 1921; re-en. Sec. 8335, R.C.M. 1935; R.C.M. 1947, 45-418; amd. Sec. 2287, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 7. Crop Liens for Seed or Grain and Liens for Hail Insurance › 71-3-701. Lien for seed or grain

71-3-701. Lien for seed or grain.
A person, company, association, or corporation that furnishes to another seed to be sown or planted or funds or means with which to purchase seed to be sown or planted or to be used in the production or cultivation of a crop or crops on the lands owned or contracted to be purchased, used, leased, occupied, or rented by the other person or held under government entry, upon filing the statement provided for in 71-3-703, has a lien not exceeding the purchase price of the seed or grain furnished upon the crop produced from the seed or grain furnished, or any part of the crop, and upon the seed or grain threshed from the crop to secure the payment of the amount or the value of the seed or grain furnished or the funds or means advanced to purchase the seed or grain.
History: En. Sec. 1, Ch. 23, L. 1915; amd. Sec. 1, Ch. 15, Ex. L. 1918; re-en. Sec. 8359, R.C.M. 1921; re-en. Sec. 8359, R.C.M. 1935; R.C.M. 1947, 45-701; amd. Sec. 1, Ch. 189, L. 1989; amd. Sec. 2288, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 7. Crop Liens for Seed or Grain and Liens for Hail Insurance › 71-3-702. Priority

71-3-702. Priority.
The lien provided by 71-3-701 shall, as to the crop covered thereby, have priority over all other liens and encumbrances thereon.
History: En. Sec. 3, Ch. 23, L. 1915; re-en. Sec. 3, Ch. 15, Ex. L. 1918; re-en. Sec. 8361, R.C.M. 1921; re-en. Sec. 8361, R.C.M. 1935; R.C.M. 1947, 45-703.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 7. Crop Liens for Seed or Grain and Liens for Hail Insurance › 71-3-703. How to obtain lien

71-3-703. How to obtain lien.
A person, company, association, or corporation entitled to a lien under 71-3-701 shall, within 90 days after the seed or grain is furnished or the funds, means, or money is advanced for the seed or grain, file in the office of the secretary of state a statement of agricultural lien as provided in 71-3-125. Unless the person entitled to a lien files the lien statement within the time required, the person is considered to have waived the right to a lien.
History: En. Sec. 2, Ch. 23, L. 1915; amd. Sec. 2, Ch. 15, Ex. L. 1918; re-en. Sec. 8360, R.C.M. 1921; re-en. Sec. 8360, R.C.M. 1935; R.C.M. 1947, 45-702; amd. Sec. 1, Ch. 317, L. 1983; amd. Sec. 5, Ch. 295, L. 1987; amd. Sec. 4, Ch. 529, L. 1989; amd. Sec. 2289, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 7. Crop Liens for Seed or Grain and Liens for Hail Insurance › 71-3-704. Acknowledgment of satisfaction of lien -- penalty

71-3-704. Acknowledgment of satisfaction of lien -- penalty.
(1) Whenever the indebtedness that is a lien upon grain or other crops is paid and satisfied, it is the duty of the lienor to acknowledge satisfaction of the lien and to discharge the lien of record. If any lienor fails to acknowledge satisfaction and discharge of the lien within 30 days after being requested to do so by a person having a property interest in the grain or other crops, the lienor is liable to any person injured by the failure in the amount of the injury and the costs of the action.
(2) A termination statement as described in 30-9A-513 must be filed with the secretary of state with the same obligations and penalties described in subsection (1).
History: En. Sec. 4, Ch. 15, Ex. L. 1918; re-en. Sec. 8362, R.C.M. 1921; re-en. Sec. 8362, R.C.M. 1935; amd. Sec. 11-123, Ch. 264, L. 1963; R.C.M. 1947, 45-704; amd. Sec. 6, Ch. 295, L. 1987; amd. Sec. 157, Ch. 305, L. 1999.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 7. Crop Liens for Seed or Grain and Liens for Hail Insurance › 71-3-705. Destruction of records -- when allowed

71-3-705. Destruction of records -- when allowed.
(1) All seed liens filed for record in the office of any county clerk and recorder must be retained by the county clerk in a file kept for that purpose for a period of 8 years from the time when the seed lien has ceased to be a lien on the property described in the lien.
(2) Upon the expiration of the period of time specified in subsection (1), the county clerk and recorder may destroy all seed liens that have been preserved for the period of time specified in this section, upon approval by the local government records destruction subcommittee provided for in 2-6-1202.
History: (1)En. Sec. 1, Ch. 113, L. 1935; re-en. Sec. 4813.3, R.C.M. 1935; amd. Sec. 11-112, Ch. 264, L. 1963; Sec. 16-2922, R.C.M. 1947; (2)En. Sec. 2, Ch. 113, L. 1935; re-en. Sec. 4813.4, R.C.M. 1935; amd. Sec. 11-113, Ch. 264, L. 1963; Sec. 16-2923, R.C.M. 1947; R.C.M. 1947, 16-2922(part), 16-2923(part); amd. Sec. 22, Ch. 420, L. 1993.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 7. Crop Liens for Seed or Grain and Liens for Hail Insurance › 71-3-711. Lien for hail insurance

71-3-711. Lien for hail insurance.
Any person, company, association, or corporation which shall furnish to another hail insurance for the purpose of protecting the party's crop from damage by hail during the hail season of the then-growing or seeded crop, whether the crop be on the land owned or contracted to be purchased, used, leased, occupied, or rented by the insured or held under government entry, shall, upon filing the statement provided for in 71-3-712, have a lien, subject to any seed lien that may then or thereafter be placed on record against the crop, for the amount due the person, company, association, or corporation furnishing the hail insurance from the insured so protected, whether it be on a note given, open account, or assessment, due or to become due, for the current year's protection, upon the crop produced on the land so protected or any part thereof and upon the seed or grain threshed from such crop to secure the payment of the amount due or the assessment levied against the insured for the insurance provided.
History: En. Sec. 1, Ch. 223, L. 1921; re-en. Sec. 8363, R.C.M. 1921; re-en. Sec. 8363, R.C.M. 1935; R.C.M. 1947, 45-705.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 7. Crop Liens for Seed or Grain and Liens for Hail Insurance › 71-3-712. How lien obtained

71-3-712. How lien obtained.
Any person, company, association, or corporation entitled to a lien under 71-3-711 shall, within 30 days after the insurance is issued, file in the office of the secretary of state a statement of agricultural lien as provided in 71-3-125. A mutual company may file a lien for the largest amount that may become due under its assessment power, and if the amount assessed is not as large as the amount of the lien claimed, the amount assessed and due is the amount the mutual insurance company is entitled to under this lien. Unless the person, company, association, or corporation entitled to a lien files the agricultural lien statement within the time required, the person or entity is considered to have waived the right to a lien.
History: En. Sec. 2, Ch. 223, L. 1921; re-en. Sec. 8364, R.C.M. 1921; re-en. Sec. 8364, R.C.M. 1935; R.C.M. 1947, 45-706; amd. Sec. 7, Ch. 295, L. 1987; amd. Sec. 5, Ch. 529, L. 1989; amd. Sec. 2290, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 7. Crop Liens for Seed or Grain and Liens for Hail Insurance › 71-3-713. Acknowledgment of satisfaction of lien -- penalty

71-3-713. Acknowledgment of satisfaction of lien -- penalty.
(1) Whenever the indebtedness that is a lien upon grain or other crops is paid or satisfied on or before November 1 of the current year, it is the duty of the lienor to acknowledge satisfaction of the lien within 20 days after receiving payment and to discharge the lien of record. If any lienor fails to acknowledge satisfaction and discharge of the lien, the lienor is liable to any person injured by the failure in the amount of the injury and the costs of action. If any hail lien is not satisfied on or before March 1 of the next succeeding year after the insurance was carried on the crop, the lien is considered satisfied and released of record.
(2) A termination statement as described in 30-9A-513 must be filed with the secretary of state with the same obligations and penalties described in subsection (1).
History: En. Sec. 3, Ch. 223, L. 1921; re-en. Sec. 8365, R.C.M. 1921; re-en. Sec. 8365, R.C.M. 1935; amd. Sec. 11-124, Ch. 264, L. 1963; R.C.M. 1947, 45-707; amd. Sec. 8, Ch. 295, L. 1987; amd. Sec. 158, Ch. 305, L. 1999.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 8. Threshers' Liens › 71-3-801. Who may have lien -- amount

71-3-801. Who may have lien -- amount.
(1) All threshers or swathers owning or operating threshing or swathing machines and all owners of combine harvesters and threshers have a lien upon the grain and other crops swathed or threshed by the threshing or swathing machine or cut and threshed by the combine harvester and thresher for and on account of the services rendered and the labor performed by them on the grain and crops swathed or threshed. The lien may be claimed by the owner of the grain for the reasonable value of the services if services are performed by the owner. Liens on grain and other crops must be charged for at the prevailing price for that particular locality in which the grain or other crop is threshed, harvested, or combined if notices are given and the lien is filed within the time provided by this part.
(2) If the prevailing price for threshing, harvesting, or combining grain or other crops is disputed by the thresher or swather and the owner of the grain or other crop, the matter may be submitted to arbitration under the provisions of Title 27, chapter 5.
History: En. Sec. 1, Ch. 25, L. 1915; re-en. Sec. 8366, R.C.M. 1921; amd. Sec. 1, Ch. 20, L. 1929; amd. Sec. 1, Ch. 112, L. 1931; amd. Sec. 1, Ch. 124, L. 1933; re-en. Sec. 8366, R.C.M. 1935; amd. Sec. 1, Ch. 308, L. 1973; R.C.M. 1947, 45-801; amd. Sec. 25, Ch. 684, L. 1985; amd. Sec. 2291, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 8. Threshers' Liens › 71-3-802. How lien obtained

71-3-802. How lien obtained.
(1) A person entitled to a lien under 71-3-801 shall file with the office of the secretary of state a statement of agricultural lien, as provided in 71-3-125, within 30 days after the last service was rendered or labor performed in the threshing of grain or other crops or the cutting and harvesting and threshing by the combined harvester and thresher.
(2) If the grain or other crops cut, harvested, and threshed are being hauled from the machine or combine directly to the elevator or to any other purchaser, the thresher, swather, or owner of the combine desiring to claim a lien shall also serve written notices upon the elevator operator or other private purchaser that the person will claim and file a lien upon the grain or other crops for the person's services or labor performed in threshing or combining and threshing the grain or crops. A copy of the statement of agricultural lien mailed by certified mail is sufficient notice to the elevator operator or other private purchaser.
History: En. Sec. 2, Ch. 25, L. 1915; amd. Sec. 1, Ch. 162, L. 1917; amd. Sec. 1, Ch. 71, L. 1921; re-en. Sec. 8367, R.C.M. 1921; amd. Sec. 2, Ch. 20, L. 1929; amd. Sec. 2, Ch. 112, L. 1931; re-en. Sec. 8367, R.C.M. 1935; amd. Sec. 2, Ch. 308, L. 1973; R.C.M. 1947, 45-802; amd. Sec. 9, Ch. 295, L. 1987; amd. Sec. 6, Ch. 529, L. 1989; amd. Sec. 1, Ch. 427, L. 1991; amd. Sec. 2292, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 8. Threshers' Liens › 71-3-803. Repealed

71-3-803. Repealed.
Sec. 8, Ch. 529, L. 1989.
History: En. Sec. 3, Ch. 25, L. 1915; re-en. Sec. 8368, R.C.M. 1921; re-en. Sec. 8368, R.C.M. 1935; R.C.M. 1947, 45-803.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 8. Threshers' Liens › 71-3-804. Priority

71-3-804. Priority.
The lien for work or labor done or services rendered as specified in 71-3-801 shall be prior to and have precedence over any mortgage, encumbrance, or other lien upon said grain or other crops, except the lien for the seed furnished for the purpose of growing this particular crop.
History: En. Sec. 4, Ch. 25, L. 1915; re-en. Sec. 8369, R.C.M. 1921; re-en. Sec. 8369, R.C.M. 1935; R.C.M. 1947, 45-804.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 8. Threshers' Liens › 71-3-805. Who considered owners

71-3-805. Who considered owners.
Every person, including guardians or minors, married persons, and any company, firm, association, or corporation for whose use or benefit the grain or other crops mentioned herein are threshed or the services rendered or labor performed is deemed the owner thereof for the purposes herein mentioned.
History: En. Sec. 8, Ch. 25, L. 1915; re-en. Sec. 8373, R.C.M. 1921; re-en. Sec. 8373, R.C.M. 1935; amd. Sec. 26, Ch. 535, L. 1975; R.C.M. 1947, 45-808.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 8. Threshers' Liens › 71-3-806. Parties

71-3-806. Parties.
All persons interested in the matter in controversy or the property to be charged with the lien or having liens thereon may be made parties to an action for the foreclosure thereof.
History: En. Sec. 7, Ch. 25, L. 1915; re-en. Sec. 8372, R.C.M. 1921; re-en. Sec. 8372, R.C.M. 1935; R.C.M. 1947, 45-807.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 8. Threshers' Liens › 71-3-807. Limitations of actions

71-3-807. Limitations of actions.
All actions for the foreclosure and enforcement of the lien herein provided for must be commenced within 6 months from the filing of the lien.
History: En. Sec. 5, Ch. 25, L. 1915; re-en. Sec. 8370, R.C.M. 1921; amd. Sec. 1, Ch. 28, L. 1923; re-en. Sec. 8370, R.C.M. 1935; R.C.M. 1947, 45-805.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 8. Threshers' Liens › 71-3-808. Acknowledgment of satisfaction of lien -- penalty

71-3-808. Acknowledgment of satisfaction of lien -- penalty.
(1) Whenever the indebtedness that is a lien upon any grain or other crops is paid and satisfied, it is the duty of the lienor to acknowledge satisfaction of the lien and to discharge the lien of record. If a lienor fails to acknowledge satisfaction and discharge the lien within 30 days after being requested to do so by a person having a property interest in the grain or other crops, the lienor is liable to any person injured by the failure in the amount of the injury and the costs of action.
(2) A termination statement as described in 30-9A-513 must be filed with the secretary of state with the same obligations and penalties described in subsection (1).
History: En. Sec. 9, Ch. 25, L. 1915; re-en. Sec. 8374, R.C.M. 1921; re-en. Sec. 8374, R.C.M. 1935; amd. Sec. 11-125, Ch. 264, L. 1963; R.C.M. 1947, 45-809; amd. Sec. 10, Ch. 295, L. 1987; amd. Sec. 159, Ch. 305, L. 1999.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 8. Threshers' Liens › 71-3-809. Rules of practice

71-3-809. Rules of practice.
Except as otherwise provided, the provisions of Title 25 are applicable to and constitute the rules of practice for the enforcement and foreclosure of the lien herein provided for.
History: En. Sec. 6, Ch. 25, L. 1915; re-en. Sec. 8371, R.C.M. 1921; re-en. Sec. 8371, R.C.M. 1935; R.C.M. 1947, 45-806.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 8. Threshers' Liens › 71-3-810. Destruction of records -- when allowed

71-3-810. Destruction of records -- when allowed.
(1) All threshers' liens filed for record in the office of any county clerk and recorder must be retained by the county clerk in a file kept for that purpose for a period of 8 years from the time when the threshers' lien has ceased to be a lien on the property described in the lien.
(2) Upon the expiration of the period of time specified in subsection (1), the county clerk and recorder may destroy all threshers' liens that have been preserved for the period of time specified in this section, upon approval by the local government records destruction subcommittee provided for in 2-6-1202.
History: (1)En. Sec. 1, Ch. 113, L. 1935; re-en. Sec. 4813.3, R.C.M. 1935; amd. Sec. 11-112, Ch. 264, L. 1963; Sec. 16-2922, R.C.M. 1947; (2)En. Sec. 2, Ch. 113, L. 1935; re-en. Sec. 4813.4, R.C.M. 1935; amd. Sec. 11-113, Ch. 264, L. 1963; Sec. 16-2923, R.C.M. 1947; R.C.M. 1947, 16-2922(part), 16-2923(part); amd. Sec. 23, Ch. 420, L. 1993.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 9. Fertilizer and Pesticide Liens › 71-3-901. Who may have lien -- amount

71-3-901. Who may have lien -- amount.
A person, firm, corporation, or partnership that under contract, express or implied, performs labor or services or furnishes material in crop dusting or spraying grains or crops, whether by aerial or ground application, for the purpose of fertilization or weed, disease, or insect control for promoting the growth of the grains or crops has a lien upon all grains or crops dusted or sprayed for and on account of the labor or service performed and material furnished, upon complying with the provisions of this part. A lien may not exceed the prevailing price charged in the particular locality in which the grain or crops are sprayed or dusted.
History: En. Sec. 1, Ch. 205, L. 1953; R.C.M. 1947, 45-1401; amd. Sec. 1, Ch. 316, L. 1983; amd. Sec. 1, Ch. 125, L. 1993.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 9. Fertilizer and Pesticide Liens › 71-3-902. How lien obtained

71-3-902. How lien obtained.
(1) A person, firm, corporation, or partnership that is entitled to a lien under this part shall, within 90 days after the last labor or service was performed or material furnished in crop dusting or spraying grains or crops, file in the office of the secretary of state a statement of agricultural lien as provided in 71-3-125.
(2) A person, firm, corporation, or partnership that is entitled to a lien and that intends to file a lien under this part shall give notice, by certified mail, of intent to file to the person, firm, corporation, or partnership for which labor or service was performed or materials furnished.
History: En. Sec. 2, Ch. 205, L. 1953; amd. Sec. 1, Ch. 65, L. 1955; R.C.M. 1947, 45-1402; amd. Sec. 11, Ch. 295, L. 1987; amd. Sec. 7, Ch. 529, L. 1989; amd. Sec. 1, Ch. 56, L. 1995; amd. Sec. 1, Ch. 152, L. 1999.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 9. Fertilizer and Pesticide Liens › 71-3-903. Repealed

71-3-903. Repealed.
Sec. 8, Ch. 529, L. 1989.
History: En. Sec. 3, Ch. 205, L. 1953; R.C.M. 1947, 45-1403.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 9. Fertilizer and Pesticide Liens › 71-3-904. Priority

71-3-904. Priority.
The lien for labor or services performed or material furnished as specified in this part shall be prior to and have precedence over any mortgage, encumbrance, or other lien upon said grain or crops, except the lien for seed, hail insurance, threshing, labor, and warehouse services furnished for the purpose of growing or handling the particular grain or crops.
History: En. Sec. 4, Ch. 205, L. 1953; R.C.M. 1947, 45-1404.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 9. Fertilizer and Pesticide Liens › 71-3-905. Who considered owners

71-3-905. Who considered owners.
Every person, including guardians or minors, and any company, firm, association, or corporation for whose use or benefit the grain or other crops mentioned herein are dusted or sprayed or the services or labor performed or material furnished is deemed the owner thereof for the purposes herein mentioned.
History: En. Sec. 9, Ch. 205, L. 1953; R.C.M. 1947, 45-1409.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 9. Fertilizer and Pesticide Liens › 71-3-906. Parties

71-3-906. Parties.
All persons interested in the matter in controversy or the property to be charged with the lien or having liens thereon shall be made parties to an action for the foreclosure thereof.
History: En. Sec. 8, Ch. 205, L. 1953; R.C.M. 1947, 45-1408.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 9. Fertilizer and Pesticide Liens › 71-3-907. Limitations of actions

71-3-907. Limitations of actions.
All actions for the foreclosure and enforcement of the lien herein provided for must be commenced within 1 year from the day of the filing of the lien.
History: En. Sec. 5, Ch. 205, L. 1953; R.C.M. 1947, 45-1405.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 9. Fertilizer and Pesticide Liens › 71-3-908. Acknowledgment of satisfaction and discharge of lien -- penalty

71-3-908. Acknowledgment of satisfaction and discharge of lien -- penalty.
(1) Whenever the indebtedness that is a lien upon any grain or crops is paid and satisfied, it is the duty of the lienor to acknowledge satisfaction of the lien and to discharge the lien of record. If any lienor fails to acknowledge satisfaction and discharge the lien within 30 days after being requested to do so by a person having a property interest in the grain or crops, the lienor is liable to any person injured by the failure in the amount of the injury and the costs of action.
(2) A termination statement as described in 30-9A-513 must be filed with the secretary of state with the same obligations and penalties described in subsection (1).
History: En. Sec. 10, Ch. 205, L. 1953; amd. Sec. 11-129, Ch. 264, L. 1963; R.C.M. 1947, 45-1410; amd. Sec. 12, Ch. 295, L. 1987; amd. Sec. 160, Ch. 305, L. 1999.